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(영문) 전주지방법원 2015.01.07 2014가합2524
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant)’s obligation to supervise the Defendant on May 17, 2012, based on the construction supervision agreement.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 10, 2010, the Plaintiff entered into a supervision agreement with the Defendant on August 10, 2010 for the new construction of a factory (hereinafter “instant construction”) on the land outside B and one parcel (hereinafter “the primary supervision agreement”).

(A) concluded the following terms. Article 2 (Period for the performance of the work for the period of construction supervision from the commencement to the completion date of the work.

5 million won when a contract is entered into with the amount of payment for the period from August 2010 to December 2010.

8. 15 million won upon commencement of the construction works;

9. Article 3 (Methods of Calculation and Payment of Construction Supervision Expenses) Article 22 (Payment upon Suspension of Construction Supervision Expenses) (1) Where all or part of the Construction Supervision Affairs is suspended due to the Plaintiff’s fault, the Plaintiff shall pay the remuneration up to the time the construction Supervision Affairs already performed by the Defendant are suspended.

B. The Defendant received KRW 5 million down payment from the Plaintiff on the day of the first supervision agreement, but the instant construction was not substantially carried out on the wind to file a lawsuit against the Plaintiff seeking revocation of the revocation of the approval for the establishment of a factory against the Plaintiff on September 7, 2010 at Jung-Eup.

C. On January 20, 2012, the Plaintiff’s lawsuit against Jung-Eup was finally finalized by winning the Plaintiff’s lawsuit, and thereafter, the Plaintiff is entitled to a supervision agreement with the Defendant on May 17, 2012 to resume the instant construction work.

A) re-enter into the following terms (other than this, the content of the first supervision agreement is the same as that of the first supervision agreement). Article 2 (Period for Performance of Construction Work for the Work Period from the date of commencement to the date of completion.

From May 17, 2012 to May 17, 2012, when a non-contract is commenced, KRW 5 million per month at the time of commencement of the contract.

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