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(영문) 수원지방법원안산지원 2013.09.26 2013가합2341
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 55,100,000 as well as its full payment from July 26, 2013.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On May 21, 2012, the Plaintiff received a subcontract by setting the construction period of civil engineering works from May 21, 2012 to January 20, 2013 among the construction period of 00 unit electric power supply works (stage 2) that the Defendant ordered from the Korea Land and Housing Corporation by the Defendant, as KRW 371,80,000.

(hereinafter “instant subcontracted construction contract”). B.

The Defendant paid KRW 80,900,000 to the Plaintiff on the day of the conclusion of the above contract.

On August 2012, the Plaintiff started construction work immediately after the conclusion of the contract, and continued construction work to reach KRW 118,800,000 for the first time until the first time.

The Korea Land and Housing Corporation paid 93,000,000 won directly to the Plaintiff out of the total amount of progress payment.

C. On August 2012, the Plaintiff suspended the subcontracted project of this case and stay at the site’s agent. On October 2012, 2012, the Plaintiff completely left the site.

On November 12, 2012, the Defendant notified the Plaintiff that the instant subcontract construction contract was terminated on the ground that construction work was discontinued, and the said declaration of intent reached the Plaintiff on November 17, 2012.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1, Eul evidence 2-1 to 5, Eul evidence 3-11, Eul evidence 12-1 to 4, Eul evidence 13-15, and Eul evidence 13-15, the purport of the whole pleadings

2. Determination on the main claim

A. The plaintiff's assertion that the defendant did not pay the rent of KRW 38,525,00 to A, who is a company leasing heavy equipment, which the defendant had been moving to.

A claimed the payment of the above equipment rent for the Plaintiff, and the Plaintiff agreed to pay A the fee of KRW 21,410,000 during the construction without being able to do so.

The plaintiff demanded the defendant to pay the above money, but the defendant did not comply with it.

On the other hand, the defendant ordered the plaintiff to perform construction works despite the fact that it was impossible to proceed with construction works due to heavy rain on June 2012, and as a result, earth and sand outflow accident.

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