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(영문) 서울동부지방법원 2020.02.12 2016가합3643

공사대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Presumed facts

A. On October 8, 2015, the Plaintiff (contractor, former C Co., Ltd.) and the Defendant (contractor) concluded a construction contract for the construction of multi-household housing (hereinafter “instant construction contract”). The Plaintiff completed the instant construction project on August 2016, 201.

B. On May 3, 2019, the Plaintiff and the Defendant agreed to the following content (hereinafter “instant agreement”) during the instant lawsuit (hereinafter “instant lawsuit”).

H. ① The Defendant transfers 7 multi-households unsold in lots to the Plaintiff as the 14.5 million won per household, and the Plaintiff acquires them.

② The Defendant created a right to collateral security with a maximum debt amount of KRW 400 million against the Defendant’s land owned by the Defendant until the trust on the Defendant’s representative director-F-owned land is terminated.

However, when the trust is terminated for the above G land, the F-owned G land is modified in the name of the Plaintiff, and the Plaintiff terminates the right to collateral security established on the H land.

③ The Plaintiff waives his/her remaining claim against the Defendant, and withdraws his/her complaint filed with the Yeongdeungpo-dong Police Station.

④ The defendant shall revoke his/her re-appraisal that was applied for due to the defective performance of the instant construction works.

(5) Litigation costs and conciliation costs shall be borne by each person.

(6) Cooperative companies' rearrangement of substitutes and the above G land costs, etc. shall be completed through mutual cooperation.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3, Eul evidence No. 20, the purport of the whole pleadings

2. The Plaintiff’s assertion (Grounds for Claim) that the construction cost under the instant construction contract is KRW 2,295,960,000, and the cost of removal and civil construction works performed by the Plaintiff relating to the instant construction project is KRW 75,000,000.

Since the defendant paid the construction cost of KRW 1,637,053,320, the balance of the construction cost is KRW 733,906,680.