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(영문) 창원지방법원 마산지원 2017.01.25 2016가단102620
채무부존재확인
Text

1. It is related to the new construction of apartment in which the plaintiff and the defendant had a so-called so-called so-called so-called 832-9, Gieng-ri, Sariri-ri,

Reasons

1. Facts of recognition;

A. On August 2012, the Yeongdeungpo-gu Industrial Development Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) awarded a contract to the Plaintiff for the interior construction work of the apartment in which the so-called so-called “instant construction work” (hereinafter “instant construction work”) had been awarded a contract for construction cost of KRW 5.9 billion (excluding value-added tax).

The name of the Corporation under the direct agreement on material materials: The location of the newly constructed apartment complex in which a person with a saly-saly-saly-saly-sacrifed-sacrifed-sacrifine 832-9 (A): A subcontractor of the non-party company (B): The defendant

1.With respect to the cost of construction to be paid by Byung to Eul in relation to the above site, it is confirmed that Byung, Eul, and Byung, under the confirmation of Byung, shall pay it directly to Byung for the material costs supplied by Byung to Eul.

2. Eul agrees in advance that Gap shall pay Gap directly to Byung only the material cost out of the progress payments to be paid to Eul.

3. Provided, That if it is impossible to ascertain under paragraph (1) due to any cause attributable to B (e.g., bankruptcy, etc.), the confirmation of B shall be omitted and it shall be conducted only by the verification between A and C, and the unit price of the material shall be paid according to the written estimate under a contract between B and C;

4. The claim method and settlement terms of the material price to be paid to Byung shall be the same as the claim method and settlement terms of Eul unless otherwise agreed.

B. On August 5, 2013, the Plaintiff agreed to provide the Defendant with the material at the instant construction site and pay the material price to the end of the month following the sale (hereinafter “instant material supply contract”), and concluded a direct payment agreement with the Defendant and the Nonparty Company with the following content (hereinafter “instant agreement”).

C. From April 30, 2014 to June 23, 2014, the Defendant supplied the Plaintiff a total of KRW 203,242,30 according to the instant material supply contract, and only received KRW 16,905,422 as the material price from the Plaintiff.

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