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(영문) 서울중앙지방법원 2020.05.22 2019가합546827
채무부존재확인
Text

1. The construction of the Busan Dmerdi Center concluded on June 15, 2017 between the Plaintiff, the Defendant, and the stock company.

Reasons

1. Basic facts

A. The Defendant is a company that received a contract from E for the construction of the Dmerdi Center located in Busan F and 14 lots (hereinafter “instant building construction”) and C (hereinafter “C”) is a company that subcontracted the construction of electrical equipment (including electrical construction, information and communications construction, and fire fighting system construction, and hereinafter “instant construction”) from the Defendant among the construction of the instant building.

The Plaintiff, together with the Defendant, is a company that prepared a standard subcontract agreement for construction works (Evidence A, No. 1, No. 1, and hereinafter “instant contract”) that the Plaintiff and C, as a joint subcontractor, agreed with the Defendant and the Defendant, to accept the instant construction works from the Defendant.

B. On April 28, 2017, the Defendant entered into a contract for the construction of the instant building (hereinafter “instant original contract”) with E, under which the Defendant entered into a contract with E as to the scheduled commencement date on May 31, 2017, and the scheduled completion date of the completion of the new construction of the instant building (hereinafter “instant original contract”) with the amount of KRW 12,300,000,000 (excluding value-added tax).

Article 2(3) of the Terms and Conditions of the instant prime contract provides that “The construction of lighting facilities other than the installation of sound broadcasting equipment, medical gas, and drawings, designated by E, shall be the Defendant’s proceeding under a contract with the subcontractor.”

Around December 2017, the Defendant entered into a contract with the content that the scheduled date for commencement set forth in E and the instant original contract will be changed to June 2017, and the scheduled date for completion of construction works will be December 31, 2018, respectively, and the construction cost will be added to KRW 1,105,000,000 (excluding value-added tax).

C. Preparation of the instant contract

1. Original contract name: New construction works of Busan Dmerdi center;

2. Name of subcontracted project: Electrical construction business, information and communications construction business, or fire-fighting system business;

3. The construction site: 14 parcels outside the Busan Central District and 14 parcels.

4. Period of construction: Commencement.

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