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(영문) 서울북부지방법원 2020.04.16 2016가합26758
채무부존재확인
Text

1. The term “D Urban Residential Housing Construction Contract” concluded on December 23, 2015 between the Plaintiff and the Defendant is a reinforced concrete construction work.

Reasons

(b) the facts of the basis;

가. 원고는 토목건축공사업 등을 목적으로 하는 회사이고, 피고는 철근콘크리트공사업 등을 목적으로 하는 회사이다.

B. On December 23, 2015, the Plaintiff entered into a subcontract (hereinafter “instant construction contract”) with the Defendant regarding the part of reinforced concrete construction works among “D-type residential housing construction works” located in Guro-gu Seoul Metropolitan Government (hereinafter “D-type residential housing construction works”).

* Contract price 1,56,875,00 won, construction period from December 23, 2015 to April 15, 2016; the contract price for delay 0.01

C. On March 31, 2016, the Defendant, while proceeding with the instant construction project under the instant construction contract, drafted a “Agreement on the Maintenance of Construction Works” (No. 1; hereinafter “the instant other agreement”) with the Plaintiff, with the following content:

Of D Urban-type Residential Housing (1), “B” is unable to continue to perform the construction on December 23, 2015 due to both construction periods and notification of the approval of the owner of the order order, and the following is agreed in the waiver and settlement of the remaining construction after March 31, 2016, with respect to the above contract date, the contract amount of 1,566,875,000 million won (Won 1,56,875,000) per day for reinforced concrete construction (1,2 minutes) contract amount among D Urban-type Residential Housing (1,2).

- A - Not later than the end of the construction suspension period ( October 31, 2016), the following amounts shall be settled, and “B” shall not thereafter raise any civil or criminal objection:

The settlement amount - The remaining construction works and insurance premiums (health, long-term, national pension) after calculating the input labor cost on March 31 shall be confirmed and determined by April 10.

The term "A" shall not claim the right to the FF Financial Cooperative Guarantee Document submitted by the "B" on behalf of the security deposit.

No more than 31 March 2016.

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