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(영문) 서울중앙지방법원 2014.02.19 2011가합83269
채무부존재확인
Text

1. Hyundai Steel Factory Machinery (Tank, Equiin Management, Steel Structure) Corporation in Chungcheongnam-gun C and the TROC pipeline Corporation.

Reasons

1. Basic facts

A. On December 28, 2007, the Plaintiff entered into a contract with Hyundai Steel Co., Ltd. and the Plaintiff (hereinafter “Modern iron”).

(C) The construction work for the modern steel plant in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun (hereinafter referred to as the “instant D Plant construction work”).

41,581,00,000 won (excluding value-added tax; hereinafter the same shall apply) for the construction cost.

(2) On February 27, 2009, the Plaintiff and Hyundai Steel respectively changed the construction cost of the said contract to KRW 41,652,00,000,000 on July 11, 2009, and KRW 50,652,00,000 on December 31, 2009, and KRW 63,146,00,000 on December 63, 209.

B. On June 8, 2008, the Plaintiff entered into a subcontract for mechanical works and the Defendant’s subcontract. On June 8, 2008, the Plaintiff entered into a subcontract for mechanical works with the Defendant for the payment of construction cost of KRW 10,770,00,000 and the construction period from June 6, 2008 to December 31, 2009.

(2) The contract price of the first subcontract of this case is KRW 12,883,00,000 (hereinafter “the contract price of the first subcontract of this case”) on August 18, 2009.

(2) On January 29, 2010, the construction period of the first subcontract of this case was changed from June 6, 2008 to February 28, 2010. (2) On December 17, 2008, the Plaintiff changed the construction period of the first subcontract of this case to the period from June 6, 2008 to February 28, 2010. (3) On December 17, 2008, the Plaintiff was the Defendant as the “instant pipingS pipeline construction” among the instant D factory construction works (hereinafter “instant pipeline construction”). In addition, the term “each of the instant construction works” is referred to as “each of the instant construction works.

(2) The Plaintiff subcontracted the construction cost of KRW 6,366,00,000, and the period of construction from December 17, 2008 to December 31, 2009 (hereinafter “instant second subcontract”) (hereinafter “instant subcontract”). The instant subcontract is referred to as “each of the instant subcontracts” in cases where the same is referred, in addition to the instant first subcontract.

(B) The Defendant: (a) paid the construction price under the second subcontract of this case on August 18, 2009; (b) KRW 7,869,400,000; and (c) September 10, 2009; and (d) KRW 209,000.

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