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(영문) 춘천지방법원영월지원 2017.07.20 2016가합10645
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On December 30, 2014, the Plaintiff, a construction company, concluded the following construction contracts with the Defendant, a local government (hereinafter “instant construction contract”) (hereinafter “instant construction contract”).

A) Purpose: A construction project for the establishment of a welfare center for disabled persons with the disabilities of Pyeongtaek-gun, Sejong-gun, the Jinwon-gun, the Jinwon-si, the Jinwon-gun, the Jinwon-gun, the Disabled (hereinafter “instant construction”).

() Total construction cost: The construction period of KRW 1,62,453,00: From January 12, 2015 to July 4, 2016 (from April 29, 2015, the date of commencement to April 30, 2015, and the date of completion to October 18, 2016): the main sentence of Article 4 Section 3 of the General Conditions applicable to the instant construction contract (249,367,950 won) provides that “If a contracting party fails to perform contractual obligations without justifiable grounds, the contract bond shall be revenues to the relevant local government.”

B. On December 30, 2014, the Plaintiff entered into a guarantee agreement with the Construction Mutual Aid Association and issued a contract guarantee issued by the Construction Mutual Aid Association and issued it to the Defendant.

Amount guaranteed: Guarantee period of KRW 249,367,950: From December 30, 2014 to October 18, 2016: Guarantee of obligation owed to the defendant due to his/her failure to perform his/her obligation under the instant construction contract:

C. On April 28, 2015, the Plaintiff was subject to the disposition of cancellation of construction business registration on the ground that the Plaintiff committed an act of lending a construction business registration certificate, etc. and a violation of the prohibition of good offices. On this ground, the Defendant notified the Plaintiff of the cancellation of the instant construction contract on June 3, 2015, based on Article 14(4) of the Framework Act on the Construction Industry. (2) The Plaintiff filed a lawsuit to nullify the cancellation of the instant construction contract against the Defendant, but the first instance court rendered a judgment dismissing the Plaintiff’s claim on December 3, 2015 (this Court Decision 2015Gahap2210), and the appeal against the Plaintiff was dismissed on May 4, 2016 (Seoul High Court Decision 2015Na2831).

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