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(영문) 서울중앙지방법원 2016.09.06 2013가합519076
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 65,200,000 to the Defendant (Counterclaim Plaintiff) and against this, from April 27, 2013 to September 6, 2016.

Reasons

(a) A counterclaim shall be deemed to be filed together;

1. Basic facts

A. On November 24, 2009, the Plaintiff and the Defendant entered into a contract for the production and installation of art decorations products between the Plaintiff and the Defendant, with the content that the Plaintiff would make and install the works of E (the name of works: F. Work size: F. Work size: 20,000m*8,800m*900m*900m) within the building located in Yeonsu-gu Incheon (C. D.) for the production and installation of art decorations products at KRW 896,00,000. 2) On June 14, 2010, the Plaintiff and the Defendant entered into a contract for the alteration of the content of the production and installation of the works to the other works of E (the name of works: 18,000m* 8,400m* 700m, hereinafter referred to as “the works of this case”) as KRW 300,000,300,000,000.

(B) The agreement between the Plaintiff and the Defendant on November 24, 2009 for the production and installation of art decorations and the alteration agreement on June 14, 2010 (hereinafter “instant agreement”).

(1) On June 24, 2010, the Plaintiff completed the production and installation of the instant work, and on July 1, 2010, the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”) to guarantee the Defendant’s liability for defect repair under the instant contract.

) 5% of the purchase price of this case (i.e., KRW 1,336,00,000 x 5%). From July 1, 2010 to August 30, 2012, the surety insurance policy (securities No. H, the Plaintiff, and the Defendant of the insured) (i.e., the Defendant) was submitted to the Defendant for the performance (e., 1,36,00,000 x 5% of the purchase price of this case (i.e., KRW 1,36,00) issued by the Defendant. The instant work consists of a large number of electric power lines, cables, cables, and cables connected to the monitors of Scan, operating PC, and control PCs, as follows:

(1) Media sounding: Program contesting appears in the form of audience stamped on the web camera by various forms real time.

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