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(영문) 대구지방법원포항지원 2019.01.10 2017가합10881
채무부존재확인
Text

1. The termination of a contract for construction works entered into on October 8, 2015 between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 8, 2015, the Plaintiff and the Defendant concluded a contract (hereinafter “instant contract”) under which the Plaintiff would contract the Defendant with the construction of a new Fvalescent Hospital on each land on the north-gu C, D, and E (excluding a dormitory building construction; hereinafter “instant construction”).

Among the contents of the contract made at the time of the instant contract, the contents related to the instant case are as follows.

Contract price in a contract for construction works: The contract amount of KRW 6,906,900,00 (excluding dormitories): 10% (690,690,000) of the contract amount: 20% special engineer per annum: This contract shall, in principle, be executed after the completion of the execution design documents consulted with the contractor, supervisor and designer by changing the exterior from the construction cost to the cost reduction, based on the design documents prepared on July 23, 2015 from the G (hereinafter referred to as the “G”):

Article 1 (General Provisions) of the General Conditions for the Contract for Construction Works. (3) The purpose of this contract is to reduce the construction cost based on the design proposal designed by G on July 23, 2015, and to improve the function and quality as a convalescent hospital. After the conclusion of this contract, the contract is to prepare a modified contract after determining the construction cost by estimating the execution design plan according to the execution design plan after consultation with the Plaintiff and the Defendant after completing

Contracts shall be modified by the agreement between the plaintiff and the defendant after the completion of the execution design plan by changing the exterior into the construction cost reduction unit based on the design documents prepared by G from July 23, 2015, and after completing the execution design documents, to estimate the calculation according to the execution design documents.

Article 32 (Payment of Price for Nature) (2) The payment of price for sex shall be calculated with a unit price for a contract and shall be made within 15 days.

(5) Where the Plaintiff fails to pay the construction cost by the due date, the unpaid amount shall be paid.

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