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(영문) 대전지방법원 2018.06.07 2017가단220017

손해배상(건)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 5, 2016, the Plaintiff filed a lawsuit claiming KRW 106,104,015 for the delayed construction of the construction project with the Defendant, and the Defendant, the contractor, filed a lawsuit claiming for the delayed payment of KRW 106,104,015 (hereinafter “instant previous lawsuit”) (hereinafter “instant previous lawsuit”) and was sentenced in favor of the Plaintiff in favor of the Plaintiff on October 5, 2016.

(No. 27, 2016). (b)

After receiving the judgment of the previous suit of this case, the Plaintiff and the Defendant agreed on October 17, 2016 as follows (hereinafter “instant agreement”).

The plaintiff (hereinafter referred to as "A") and the defendant (hereinafter referred to as "B") agree with respect to lawsuits of 2016da81594 in a fair and free position as follows:

- - The following:

1. Agreed compensation - B shall carry out a 3-story roof building construction of the 3-story building owned by A.

- Eul shall issue a defect repair performance bond without delay when the balance is confirmed and all balance is settled.

1.1 Outline of the work - Outline of the work: - Location of the roof axis - of the third floor of the gender colin, the work shall be completed by November 25, 2016 (gold) by the Corporation up to the 3F 1.3 construction specifications and design (Omission of entry) of the 3F 1698, Yongsan-gu, Busan Metropolitan City. 1698.

- The completion date shall be the completion date.

1.4A’s share in the cost of construction - A shall pay 10 million won to B at the time the commencement approval is granted.

2. The proceedings of the action - A shall withdraw the action within 48 hours as of the working day at the time of preparation of the agreement.

- The costs of lawsuit A shall be paid by Section B.

Attorney A: A law office - In cases where the progress is not carried out according to the agreement notwithstanding this agreement, B shall compensate for KRW 100 million.

[Ground for Recognition: Unsatisfy, Gap evidence Nos. 3 and 4, the purport of the whole pleadings]

2. As the Plaintiff failed to complete the construction work stipulated in the instant agreement by November 25, 2016, the Plaintiff should pay KRW 100 million for damages as stipulated in the instant agreement.