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(영문) 수원지방법원성남지원 2016.02.17 2015가합1976
청구이의
Text

1. The part concerning the claim for the confirmation of existence of an obligation among the lawsuits in this case shall be dismissed.

2. The defendant's Suwon District Court against the plaintiff.

Reasons

1. Basic facts

A. On October 2009, the Plaintiff (former trade name: Dlim General Construction Co., Ltd.) entered into a contract for the construction of neighborhood living facilities and sales facilities on the ground of not less than 703 square meters on the land of not less than 703 square meters in Yeongdeungpo-gu, Seoul Special Metropolitan City (hereinafter “instant construction”). Around that time, the Plaintiff subcontracted part of the instant construction to the Defendant.

On November 1, 2009, the Defendant re-subcontracted the part of the provisional facility construction among the instant construction to A, and A completed the re-subcontract construction on January 201.

B. On September 19, 2012, the Defendant filed a lawsuit against the Plaintiff for the payment of the subcontract price under the Sung-nam Branch of Suwon District Court 2012Gahap12272, and on September 10, 2013, the conciliation of the following (hereinafter “instant conciliation”) was established:

1. The Plaintiff shall pay 260,000,000 won to the Defendant by November 10, 2013 (in addition, the amount included in the value-added tax). If the Plaintiff finds the foregoing deadline, the Plaintiff shall pay 230,000,000 won by adding damages for delay at the rate of 5% per annum from November 11, 2013 to the Defendant.

2.(a)

When the defendant receives the amount under paragraph (1) from the plaintiff, the defendant shall issue a tax invoice to the plaintiff.

B. In the event that the Defendant did not issue a tax invoice to the Plaintiff regarding KRW 210,00,000, which the Plaintiff paid to the Defendant, the Defendant shall regard it as the value of supply, and the Defendant shall issue a tax invoice to the Plaintiff, and the Plaintiff shall additionally pay the value-added tax on the value of supply separate

3. The defendant shall waive the remaining claims.

4. As to the portion for which A claims for damages, etc. against the Defendant on the grounds of failure to return materials, such as H-BEAM, etc., it shall not be included in the cases in paragraphs 1 through 3, etc., and shall be

C. A around January 17, 2013, filed a lawsuit against the Defendant for the payment of the re-subcontracted construction cost under the Sungwon District Court Branch 2013Gahap481.

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