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(영문) 대전지방법원천안지원 2016.07.22 2014가합2689
채무부존재확인
Text

1. A contract to modify construction works entered into on March 2, 2014 between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).

Reasons

1. (1) The Plaintiff owns a 3,864m2 from April 16, 1996 Franchising-gu, Dong-gu, Chungcheongnam-gu, Incheon Metropolitan City.

(2) On February 5, 2013, the Plaintiff agreed to undertake a development project to form a complex urban-type residential housing (hereinafter “instant apartment housing”) in the area of J (the same Gu FF and eight parcels) in the Gangnam-gu, Seoul Special Metropolitan City as a project proprietor on February 5, 2013, and the Plaintiff agreed to select a corporation G and I as a project proprietor and to take charge of the duties of raising project costs.

(3) On October 15, 2013, G Co., Ltd.: (a) selected the Defendant (a trade name was changed from K to C, a stock company, to L again, and the current trade name was changed in sequential order) as the contractor; (b) entered into a construction contract with the Defendant to newly construct approximately KRW 270 households of the instant collective housing in the amount of KRW 3.5 million per the average construction cost.

(4) Around that time, the Plaintiff entered into a construction contract with the Defendant to newly construct the instant 270 household units as follows (hereinafter “instant first construction contract”).

- Construction cost: 3.5 million won per square year - Removal (including subsequent consultation), provisional facilities (including subsequent consultation), civil engineering works (including construction cost: 160,000,000), separately from the Defendant, the Plaintiff entered into a contract (5) on October 30, 2013, with respect to the instant multi-family housing 29 households construction works, (1) the Plaintiff is in charge of the business of securing ownership in the project site, (2) the establishment of the sales revenue account, the receipt and management of the sales proceeds account, and (3) the Defendant entered into a contract on construction works with the original and the Defendant to take charge of the business of repairing defects, etc. after the approval for use of the building.

The foregoing agreements and contracts are “the instant agreement concluded on October 30, 2013.”

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