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(영문) 서울중앙지방법원 2015.12.17 2015가합538699
채무부존재확인
Text

1. The warranty bond of KRW 200,000,000 based on the contract for the construction work (title B) of June 8, 2011 against the Defendant of A.

Reasons

1. Basic facts

A. The Defendant (a) entered into a contract for construction works between the Defendant and A and the Plaintiff’s acquisition of the Plaintiff’s claim; 1) the Defendant (a mining enterprise, Inc., Ltd.) (a) entered into on June 8, 201 (mutual name: C) with B (hereinafter “instant construction”).

(1) The contract was made between 1,980,000,000 won (including value-added tax) and the construction period from June 8, 2011 to September 30, 201 (hereinafter “instant contract”).

(2) Meanwhile, during the instant construction project, A and the Defendant agreed to additionally install advertisements in excess of the quantity agreed upon in the initial contract, but agreed to later settle the additional amount and the additional construction cost, and A installed the advertisements accordingly (hereinafter “instant additional construction”) and the instant construction and additional construction on November 27, 201, and delivered the Defendant with the completion of both the instant construction and additional construction.

3) The Defendant paid A the instant construction cost of KRW 2,038,00,000 to around that time. On February 27, 2012, A transferred KRW 162,00,000, out of the claim for the construction cost against the Defendant under the instant contract to the Plaintiff, and notified the transfer thereof, and then notified the Defendant on the following day. (B) On May 18, 2012, the Plaintiff filed a lawsuit against the Defendant with the Defendant for the payment of KRW 1,980,00,000 upon the instant additional construction cost of KRW 2,20,000,000,000, and A transferred the said increased construction cost of KRW 2,038,00,000,000 to the Plaintiff with the claim for the payment of KRW 162,00,000,000 after deducting the remainder of the construction cost claim of the said increased construction cost of KRW 20,000,000.

2. On September 13, 2012, the court of this case deliberated the instant case. The additional construction cost equivalent to KRW 220,00,000 has been incurred due to the instant additional construction work. The Defendant shall total of KRW 1,980,000 for the original construction cost and KRW 220,000 for the said additional construction cost, and KRW 2,200,000 for the said additional construction cost.

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