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(영문) 서울중앙지방법원 2015.12.02 2013가합46448
채무부존재확인
Text

1. The plaintiff's contract for the alteration of the subcontracted project entered into with the plaintiff (Counterclaim defendant).

Reasons

1. Facts of recognition;

A. On November 19, 2009, the Plaintiff subcontracted the instant construction work to the Defendant by setting the construction cost of KRW 560,000,000, construction period from December 10, 2009 to February 15, 2010, among the construction works of the Information Society (hereinafter “instant construction”) that the Plaintiff received by the Plaintiff to the Defendant. The Defendant completed the instant construction work.

B. On February 18, 2010, the Plaintiff and the Defendant entered into a modified contract to reduce the construction cost of the instant case at KRW 442,919,023 (hereinafter “instant construction contract”). The Plaintiff paid the Defendant the said KRW 42,919,023.

C. From February 3, 2010 to May 7, 2010, the Plaintiff ordered the Defendant to perform the first additional construction works more than six times in total. From September 16, 2010 to September 28, 2010, the Plaintiff ordered the second additional construction works more than four times in total. The Defendant completed each of the said additional construction works (the total of the first and second additional construction works referred to as “each of the instant additional construction works”).

Around December 2010, the Defendant claimed KRW 282,600,000 as the additional construction cost of the instant case to the Plaintiff.

E. On January 3, 2011, the Defendant issued a tax invoice of KRW 50,000,000 to the Plaintiff. On January 31, 2011, the Plaintiff paid KRW 50,000 to the Defendant as additional construction cost.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2-3, Gap evidence 4-1 and 4-2, the purport of the whole pleadings

2. Determination as to the principal lawsuit and the counterclaim

A. The Plaintiff’s main claim for construction cost under the instant construction contract was paid to the Defendant, and the Plaintiff and the Defendant agreed to settle each of the instant additional construction cost at KRW 50,00,000 on January 201, 201. The Plaintiff paid 50,000,000 to the Defendant in accordance with the said agreement.

Therefore, the Plaintiff’s obligation to pay the construction cost under the instant construction contract to the Defendant.

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