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(영문) 창원지방법원 2017.04.06 2015가합34062
채무부존재확인
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 29, 2012, the Plaintiff entered into a construction contract with the Plaintiff and the Defendant, with the period of construction from January 20, 2013 to October 21, 2013, the construction cost of the D neighborhood living facilities in Changwon-si, as KRW 2,519,00,000 (including value-added tax).

Since then, the construction contract between the plaintiff and the defendant was modified on August 31, 2014, and the construction cost was changed to KRW 3,027,279,200.

B. On April 25, 2015, when the Defendant completed the construction of the aforementioned construction on January 21, 2015, but was not paid the construction cost, the contract amount is set at KRW 2,862,279,200 as follows with the Plaintiff. The unpaid construction cost is confirmed as KRW 1,036,370,253, and the settlement agreement was reached between the Plaintiff and the Defendant’s sewage supplier, etc. to pay KRW 600,000 out of the unpaid construction cost.

(hereinafter referred to as “instant settlement agreement”). A final agreement is made on the contract amount after settlement of KRW 2,862,279,200, value-added tax of KRW 275,207,200, total of KRW 3,027,279,200, total of KRW 2,602,072,00, value-added tax of KRW 260,207,200, total of KRW 260,207,200, total of KRW 260,862,279,200.

Until now, the construction cost paid shall be 1,825,908,947 won (including substitute goods) and the unpaid balance of the construction cost shall be 1,036,370,253 won.

60 million won out of the unpaid balance

6.30. (Payments for Direct Payment or for Time Work) shall be settled.

The remainder shall be paid through mutual consultation after the completion of the remaining project.

C. On the same day, the Plaintiff and the Defendant confirmed the outstanding amount for the Defendant’s sewage suppliers, etc. on the same day as indicated in the table below. According to the settlement agreement, the amount that the Plaintiff would directly pay to the sewage suppliers, etc. was determined as KRW 600,000,000 in total, which is about 60% of the attempted amount of each company. 2) Accordingly, among 10 sewage suppliers of the Defendant, the Defendant’s supplementary intervenor Jin Construction Co., Ltd. (hereinafter “Jin Construction”) and Gohap Steel Co., Ltd. (hereinafter “Scheon Steel”).

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