약정금
1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.
2. Of the costs of lawsuit.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Basic Facts
The Plaintiff is a medical corporation operating the C Hospital (hereinafter “instant hospital”); and the Defendant is a person who operates the Del (hereinafter “the instant telecom”) in the neighborhood of the instant hospital.
From around 2013, the Plaintiff started construction of the instant hospital’s additional building (hereinafter “instant building”) on the ground of Daejeon Seo-gu E (hereinafter “instant building”) (hereinafter “instant construction”).
After the commencement of the instant construction project, the Defendant filed a civil petition with the Sung-gu Office that there was damage caused by noise generated during the instant construction project, and the Sung-gu Office continued to impose an administrative fine on the Plaintiff, order to suspend the use of cutting machines, and order to take other measures.
On March 8, 2014, the Plaintiff agreed with the Defendant (hereinafter “instant agreement”) as follows.
The plaintiff in the civil petition agreement shall pay to the defendant the amount of KRW 60 million as agreed on March 8, 2014, and at the same time, the defendant and the plaintiff agree to implement the following contents:
·content of agreement -
1. With respect to the instant construction project, the Defendant does not require the Plaintiff and related agencies to make additional compensation, etc. for damages caused by noise, dust dust, vibration, etc. and all business losses caused by hospital's business activities, etc. under civil and other laws, and does not raise any objection to the civil and criminal rights accordingly.
2. The defendant and the plaintiff shall keep the agreement confidential to a third party, and the defendant shall be liable for the defendant's family members, members, successors, tenants, etc. after the conclusion of this agreement.
3.In any event, the reversal of the agreement is not possible and compensation for the agreed amount at each time of the breach, and the amount of damage resulting from the breach of paragraph 2 above, if any, to cause damage to the other party.