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(영문) 서울동부지방법원 2021.02.05 2019가합111903
채무부존재확인
Text

With regard to stone construction (including additional construction) among the construction works to improve the exterior walls of D high-school building building building building buildings among the plaintiff's defendant C.

Reasons

1. Basic facts

A. On January 1, 2019, the Defendant entered into a contract with the Plaintiff and C to receive a subcontract with the construction cost of KRW 462,00,000 (hereinafter “instant subcontract”) on the stone (hereinafter “subcontract”) among the construction works to improve the exterior walls of the building building building building building building (hereinafter “instant construction works”), and entered into a subcontract with E, a principal contractor, on January 17, 2019, by setting the contract amount of KRW 429,00,000 (including value added tax) and the period of construction from January 20, 2019 to May 30, 2019.

B. On March 29, 2019, the Plaintiff and the Defendant drafted a written confirmation stating “Additional Construction Costs: 106,000,000 won (including value added tax)” (hereinafter “instant written confirmation”) with respect to the structural parts of the stairs room and D High-Hand Capital Construction Works (hereinafter “Additional Construction Works”).

(c)

Plaintiff around July 2019, from 568,00,00 won under the instant subcontract (i.e., KRW 462,00,000) to the Defendant (i.e., KRW 106,00,000) to cover KRW 514,610,610,000, + Amount of KRW 429,000,000 for principal contractor’s subsidies = Amount of KRW 44,61,610,000,00, excluding the remainder of KRW 41,610,000 for the principal contractor’s subsidies, KRW 53,390,00 for the Defendant (i.e., KRW 568,00,000 for - KRW 514,610,610,000 for - KRW 514,610,000 for - KRW 308,39,390,000 for the remainder of the construction payments (=) to the Defendant

The Secretariat sent a letter of commitment (hereinafter referred to as “the instant statement of accounts”) to the effect that “the instant statement of accounts” was written.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2 and 3 (where there are numbers in the evidence, such indications are omitted; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The remaining construction cost payable by the Plaintiff to the Defendant, such as the Plaintiff’s statement of the instant settlement of accounts, is KRW 48 million.

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