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(영문) 춘천지방법원원주지원 2019.12.26 2017가단30469
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 63,265,00 to the Defendant (Counterclaim Plaintiff) and against this, from June 7, 2017 to May 31, 2019.

Reasons

1. Facts of recognition as the basis;

A. On November 8, 2016, the Plaintiff entered into a contract with the Defendant for each of the following items: “B Reinforcement Corporation for the Reinforcement of the Incorporated Agricultural Company” (hereinafter “instant Reinforcement”); “B Reinforcement Corporation for the construction cost”); “80,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,00

B. From November 14, 2016 to December 8, 2016, the Plaintiff agreed to reduce the construction with the Defendant on December 8, 2016, and agreed to receive or receive KRW 56,536,00 from the Defendant as the amount of other settlement.

C. However, around December 20, 2016, the Plaintiff built the instant reinforced soil works at the site of the instant reinforced soil works, and most of the bank block he stockpiled. The Defendant from March 28, 2017 to March 28, 2017.

5. 1. Until 1., the removal work was undertaken as above, and the removal cost at the time reaches 11,825,000 won.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1, 2, 3, and 8 evidence (including separate statements; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' arguments and counterclaims are examined together with the main claim and counterclaims.

A. The Plaintiff’s assertion 1) The Plaintiff performed 90% of the instant reinforced land construction, and the construction cost was KRW 12,670,000, and KRW 50% of the construction cost of the instant mushroom construction, and the construction cost was KRW 32,300,000. Therefore, the Defendant is obliged to pay the Plaintiff the total construction cost of KRW 44,870,000, and the damages for delay thereof.

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