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(영문) 울산지방법원 2014.12.17 2013가합2081
채무부존재확인 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The pertinent Plaintiff of the parties is a corporation that is engaged in construction business, and is a person who concluded a contract with the Defendant for the instant B calamity risk district rearrangement project (hereinafter “instant construction project”) and performed the said construction project, which was ordered by the Defendant as a drainage channel of the instant calamity risk district (hereinafter “instant construction”).

B. On March 8, 2011, the Plaintiff entered into the instant construction contract with the Defendant for the instant construction project (the second minute) for the improvement project (hereinafter “instant construction project”) through a drainage channel of the calamity risk district (hereinafter “instant construction project”) and entered into the instant construction contract with the Defendant for the construction project during the construction period from March 9, 2011 to July 6, 201, and began on March 9, 2011.

C. (1) On May 25, 201, the Defendant held a briefing session for residents present at the meeting of 40 residents and the head of the Gu, etc. regarding the instant construction project. At the time, C presented his opinion that the building is likely to be feasible due to the storming phenomenon after the rupture of the land, and the Defendant expressed his position to re-examine the construction method of the household facilities so as not to cause damage to the building.

(2) On June 2, 2011, the chief of the Defendant Construction Division D, the water control department E, the Plaintiff’s representative director F, the Standing G, and the Director of the Field. At the time, the minutes of the instant construction were prepared as follows (hereinafter “instant minutes”).

Details of meetings

1. Auxiliary devices, small-scale packaging [30M] - Reflection of actual reports;

2. The issue of entering roads around the time of the construction of the facility for the Spite - the reflection of the bringing-in of the earth and sand at the end;

3. Examination of the gap in the launching of the Sheet; and examination of the water quality;

4. Reflection after reporting the actual state of any additional process (in the absence of water cryp) in the relocation of sewage pipes - reflection of the actual input cost.

5. D700 Sewage SK board construction works, the number of vehicles and subsidences of the sewage pipe - the post-examination of problems after the pre-construction.

6. Consultations following new and increased quantities - Whether new unit price for increased quantities is applied due to clerical errors - Interpretation verification;

7. Safety diagnosis;

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