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(영문) 대구지방법원 2019.01.11 2017가합206926
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 25, 2015, the Plaintiff (former: Co., Ltd.) entered into a contract with the Defendant for a modified construction contract (hereinafter “instant construction contract”) with the Defendant setting the construction cost of KRW 12,69,330,000 (including value-added tax) from March 1, 2015 to February 10, 2017 (amended from March 10, 2016 to December 10, 2017).

B. After the conclusion of the instant construction contract, the Plaintiff suspended construction from November 14, 2016 to November 25, 20106, and again suspended construction since December 9, 2016.

C. On December 27, 2016, the Defendant sent to the Plaintiff a written termination notice stating that “The grounds for termination under Article 23(1)2 and 3 of the instant construction contract have occurred due to the Plaintiff’s duty,” and around that time, the said written termination notice reached the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 4 through 9 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. A. Around December 2016, Plaintiff 2016, the Plaintiff performed the instant construction project with approximately 90% of the fair rate. However, around December 27, 2016, the Defendant unilaterally terminated the instant construction contract to the Plaintiff and notified the Plaintiff of the removal from the instant construction site at the construction site.

The plaintiff did not receive approximately 1 billion won of the construction price of the construction of this case from the defendant. Among them, the plaintiff is seeking payment of KRW 10 million as part of the claim.

B. The Plaintiff’s creditors received the order of seizure and collection, and the order of provisional seizure against the Defendant as the third obligor around September 2016 and October 2016. This constitutes grounds for termination of the contract due to the Plaintiff’s causes attributable to the instant construction contract. The Plaintiff around November 2016 and December 2016.

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