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(영문) 인천지방법원 2015.05.12 2013나34129
채무부존재확인
Text

1.The judgment of the first instance shall be modified as follows:

Between the plaintiffs and the defendant, it is listed in attached Table 1.

Reasons

1. Basic facts

A. On October 15, 2010, the supplementary intervenor, who is a contractor, entered into a contract for the construction of a neighborhood living facility and housing (hereinafter “instant building”) on the D’s ground of Goyang-gu Seoul Metropolitan Government (hereinafter “Seoul Metropolitan Government Comprehensive Construction”) with the contractor, and newly constructed the contract amount of KRW 1,00,000,000 (including value-added tax) and March 30, 201 with the scheduled completion date of construction; and the price for the construction is to pay some of the households of Eunpyeong, who are multi-households located in the Eunpyeong-gu Seoul Metropolitan Government and the F Multi-households in the Seoul Metropolitan Government (hereinafter “instant contract”).

B. The supplementary intervenor completed the registration of ownership transfer under G 301 on December 1, 201, to H that is designated by G 301 instead of paying advance payment of KRW 197,006,000 according to the method of payment under the instant contract. On January 11, 2011, the supplementary intervenor completed the registration of ownership transfer under G 302 to I designated by G 302 instead of paying advance payment of KRW 176,736,00.

C. While the construction of the instant building was carried out, the construction was suspended on March 18, 201, and the supplementary intervenor was an intervenor in the same year.

4. 15. On the ground of the unilateral suspension of a construction project for a comprehensive construction project, the documents sent out to Gesung General Construction a letter verifying the termination of the instant contract. The documents reached Gesung General Construction at that time.

Meanwhile, on November 18, 2010, Gyeongsung General Construction Co., Ltd. entered into a performance guarantee insurance contract as stated in attached Table 2 (hereinafter “instant 2 insurance contract”) with the Defendant on November 18, 2010. On the same day, Plaintiff A and K entered into a contract under which all obligations of the guaranteed insurance contract arising out of the instant 2 insurance contract are jointly and severally performed with the light comprehensive construction (hereinafter “instant 2 joint and several guarantee agreement”), and the light comprehensive construction is made from the Intervenor on December 1, 2010, advance payment 197,06.

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