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(영문) 수원지방법원 안산지원 2018.12.20 2016가합8487
채무부존재확인
Text

1. On May 28, 2015, the Plaintiff (Counterclaim Defendant)’s ground C factory B on the part of the Plaintiff (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. The Plaintiff is a stock company with the purpose of manufacturing automobile parts, and the Defendant is a stock company with the purpose of civil engineering work business.

B. On May 28, 2015, the Plaintiff agreed to contract for the construction of a new ground factory B in Ansan-si (hereinafter “instant construction”) with D on May 28, 2015, and received a written estimate from D, the estimated amount of which is KRW 2,169,00,000 (excluding value-added tax) on the same day.

[However, D. H. H. General Construction Co., Ltd. (hereinafter referred to as “A.D.”)

(C) the construction of this case was leased, and accordingly, the quotation was drafted in the name of the case construction.

On July 1, 2015, the Plaintiff and D agreed to prepare and submit to the bank a written contract for a construction project, and the Plaintiff and E-construction drafted a contract for the construction project from July 1, 2015 to October 31, 2015, with respect to the instant construction project, with the construction cost of KRW 2,690,000,000 (excluding value-added tax) and the construction period of KRW 1,690,000 (value-added tax).

After that, on August 13, 2015, the Plaintiff and AD Construction drafted a construction contract agreement that changes the construction cost from 2,690,000,000 won to 2,469,00,000 won (excluding value-added tax) with respect to the instant construction project.

E. On September 9, 2015, the Plaintiff and D decided to change the name of the contractor of the instant construction to the Defendant, and on September 9, 2015, the Plaintiff and the Defendant drafted a written contract for construction works between the Defendant and the Defendant for construction works (excluding the remainder of KRW 580,00,000 already received from value-added tax, KRW 2,469,00,000,000) and the construction period from July 13, 2015 to October 31, 2015.

(Major Contents) Standard Contracts for Private Construction Works (Revised Contracts)

1. Official: New construction of factory;

2. Construction site: Ansan-si members B;

3. Date of commencement: July 13, 2015: Date scheduled for completion: October 31, 2015.

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