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(영문) 의정부지방법원고양지원 2019.07.12 2016가합73033
채무부존재확인
Text

1. As to the construction work of multi-household housing on the land of Dobong-gu Seoul Metropolitan Government, Dobong-gu, 170.7 square meters, the Plaintiff (Counterclaim Defendant) is against the Defendant.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Summary and key issues of the party's assertion;

A. The Plaintiff asserts that the owner of the following multi-household housing entered into a new construction contract with the Defendant, and that there is no obligation to pay the construction cost as to the new construction of the instant building by paying all the construction cost settled by the Defendant’s letter of consultation, including the added construction work.

B. The defendant is seeking to dismiss the principal claim, but it does not indicate the detailed reasons for dismissing the principal claim.

C. The Plaintiff asserted that the Plaintiff is obligated to pay the additional construction cost, since the Plaintiff entered into the instant construction project with the Defendant, and the additional construction project with the attached details separately during the instant construction period under the agreement with the Plaintiff.

(1) Whether an additional construction work was conducted between the Plaintiff and the Counterclaim pursuant to a separate construction agreement between the Plaintiff and the Counterclaim (2) whether the agreement sheet (Evidence A4) written by the Defendant is effective against the Counterclaim Plaintiff.

2. Facts of recognition;

A. (1) On November 18, 2015, the Plaintiff prepared a contract form for a new construction project (hereinafter “instant construction project”) with respect to multi-household housing (hereinafter “instant building”) on a multi-household scale of 170.7 square meters in Dobong-gu Seoul Metropolitan Government D (hereinafter “instant building”) with E, and the Defendant, without being delegated by E, drafted it as the agent of E without being delegated by E.

The construction contract set the construction cost as KRW 70 million and the date of completion on March 30, 2016.

(2) The Plaintiff did not know that the contract was concluded after the Defendant prepared the above contract, and the Plaintiff did not know that the Plaintiff was the Plaintiff and the Plaintiff did not work together with the Defendant at the time of the preparation of the contract.

B. The Defendant and the Counterclaim Plaintiff (hereinafter “Defendant et al.”) constructed the instant building.

C. The Plaintiff’s on-site manager F and the Counterclaim Plaintiff confirmed the progress payment and the contents of the process on March 7, 2016.

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