(영문) 부산지방법원 2019.12.18 2019가합46615

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(영문) 부산지방법원 2019.12.18 2019가합46615

채무부존재확인

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the objective of building construction business. The Defendant is a former owner of CY 757 square meters (hereinafter “instant land”) in Yangnam-si, Yangsan-si and is a truster and beneficiary who entrusted the instant land to D Co., Ltd.

B. (1) On April 13, 2018, the Plaintiff concluded the first contract for the instant construction project with the Defendant on a contract basis, and the construction cost of KRW 2,144,900,00 (including value-added tax) between the Defendant and the Defendant; the construction period from April 16, 2018 to October 30, 2018; and the term construction cost of the instant construction project is paid once a month on the basis of bank maturity (hereinafter “first contract”).

(2) On May 23, 2018, the Plaintiff completed the primary and secondary construction works and civil construction works under the ground, and on the same day, filed a claim with the Defendant for KRW 280,000,000 for the primary construction cost.

3) On June 7, 2018, the Defendant sent to the Plaintiff a certificate of content that the first contract was cancelled on the ground that the progress rate of the instant construction project was excessively calculated. On June 11, 2018, the Defendant filed an application with the Plaintiff, etc. for provisional disposition prohibiting interference with construction works to the effect that the Plaintiff, etc. should not enter the instant land or the instant construction project was prohibited, but the Ulsan District Court dismissed the said application on August 22, 2018 (No. 2018Kahap209) (C. 2). (c) On December 11, 2018, the Plaintiff entered into the second contract and the guarantee insurance contract of this case with the Defendant as the construction cost of KRW 2,184,00,000 (including value added tax) out of the terms of the first contract with the Defendant and the first contract, as the following changes into the construction period from December 11, 2018 to May 30, 2019.

10.This Agreement shall apply when the contractor delays the construction for at least seven days without agreement with the contractor.

유사 판례

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