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(영문) 서울중앙지방법원 2015.12.16 2015가합10641
채무부존재확인
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

The summary of the case is the case where the plaintiff (contractor) filed a claim for confirmation against the defendants, who are co-managers of the debtor A (subcontracts) and the contract for construction works of the plaintiff and the debtor company was terminated due to the cause attributable to the debtor company (non-performance of the obligation to pay the amount of money) and the construction works for the progress payment that the plaintiff received was completed. Therefore, the plaintiff filed a claim for confirmation that there was no liability for damages under the subcontract

In fact, on June 17, 2013, the Plaintiff entered into a contract for construction works, including entering into a subcontract for construction works and a modified contract, with the Gyeongginam Facilities Group for construction works, an appeal of the construction works for civil engineering and reinforced concrete (the first unit) from among the construction works for 12-Yan Sea-21 main offices and situation room facilities has also been concluded with the rehabilitation company for the contract amount of KRW 2,337,00,000, and the construction period of KRW 17, Jun. 17, 2013 to December 15, 2013 with the contract to receive a subcontract for the construction period of KRW 3,142,70,000 and the construction period of KRW 3,142,70,000 from June 17, 2013 to June 15, 2014. The terms and conditions of the subcontract and the modified contract are as follows:

1. The method of guaranteeing the performance of contract between Gap and Eul in an amount equivalent to 10% of the contract amount.

1. Where the contract is entirely or partially cancelled or terminated under Article 25 (1) as the construction mutual aid association, specialized construction mutual aid association, guarantee insurance company, and credit guarantee fund, etc. fails to perform the contractual obligations;

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