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(영문) 수원지방법원 2015.06.05 2013가합22877
채무부존재확인
Text

1. As to the new construction of the Incheon Strengthening-gun D and E-ground F Logistics Center, the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The parties' assertion

A. The Plaintiff’s assertion entered into a contract with Defendant B to contract the construction work of the Plaintiff’s Logistics Center (hereinafter “instant construction work”) at KRW 495,00,00 (including value added tax) for the construction work price of the Plaintiff at KRW 495,00,00,00 (including value added tax). Defendant B did not have a comprehensive construction license and entered into a contract with Defendant B as a contracting party to a contract for the instant construction work. Although the Plaintiff paid KRW 51,060,000 in excess of the agreed construction cost due to delay of construction, the Defendants demanded the Plaintiff to pay the construction cost, and thus the Defendants demanded confirmation of the absence of the obligation to pay the construction cost of the instant construction.

B. As to the instant construction project, the Plaintiff’s assertion by the Defendants entered into a contract with the Defendant Company for the construction cost of KRW 330,000,000, and paid only KRW 230,000 out of the said construction cost to the Defendant Company. Defendant B, in accordance with the agreement with the Plaintiff, paid only KRW 363,00,000 in relation to the instant construction project. The Plaintiff paid only KRW 280,000 out of the said cost to the Defendant Company B. As such, the Plaintiff is obligated to pay the unpaid construction cost of KRW 100,000, KRW 83,000,000 to the Defendant Company, and each delay damages therefrom.

2. Determination

A. Each of the statements in Gap evidence Nos. 6, 8, and Eul evidence Nos. 1 and 19 may be revealed by adding the whole purport of the pleadings to the whole purport of the pleadings. In other words, the plaintiff, around April 2013, entered into a contract with the defendant Eul (hereinafter referred to as "the contract of this case") with the content that the construction cost of this case is awarded to the defendant Eul (the value of KRW 495,000,000, value of KRW 45,000,000, value of KRW 45,000). ② The defendant Eul presented a written estimate (hereinafter referred to as "written estimate of this case") calculated by adding the additional construction cost to the total construction cost of KRW 680,730,00,00, which is then presented to the plaintiff.

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