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(영문) 제주지방법원 2016.06.02 2014가합6714
채무부존재확인
Text

1. The contract for the division of C hospital and D hotel interior works for the Plaintiff (Counterclaim Defendant) to the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed as the same.

1. Facts of recognition;

A. A. Around December 2012, the Plaintiff concluded a contract with C Hospital Branch and D Hotel Corporation (hereinafter “instant Corporation”) with the Defendant for the construction cost of KRW 5.28 billion and the construction period from December 26, 2012 to April 15, 2013.

(hereinafter “instant contract”). Examining the instant contract, 10% of the construction cost in advance within 14 days after the submission of the start-up date, 30% of the construction cost at the rate of 50% shall be the first progress payment, 50% of the construction cost at the time of completion as the second progress payment, and 10% of the construction cost after approval of completion and approval of completion shall be paid as the completion payment, respectively.

B. The Defendant commenced the instant contract on December 26, 2012 pursuant to the instant contract.

(Commencement) On January 14, 2013, the Plaintiff paid a sum of KRW 528 million to the Defendant. On May 3, 2013, 2013, upon the Defendant’s request, the Plaintiff paid KRW 1.584 billion equivalent to the first progress payment and KRW 1.5 billion on July 9, 2013, respectively.

C. On July 31, 2013, the Defendant requested the Plaintiff to pay the progress payment of KRW 792 million to the Plaintiff, but was refused.

Since then, the construction of this case was not carried out smoothly, such as demanding the payment of overdue wages by the defendant's labor workers and demonstration before C Hospital, the plaintiff and the defendant agreed on August 23, 2013 as follows.

On August 30, 2013, after agreement, the Plaintiff paid the construction cost of KRW 150 million to the Defendant.

Agreements concluded on August 23, 2013

1. The terms and conditions of this project shall succeed to the original contents of the contract;

2. The term of the contract of this project shall be changed from June 15, 2013 to September 30, 2013.

3. Where the Defendant fails to complete the present work by the expiration of the construction period under paragraph (2), the Defendant shall pay the Plaintiff penalty for delay pursuant to this contract from the following day until the completion of the present work.

5. Subsequent settlement;

(a) The unit price of the increased or decreased construction work;

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