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(영문) 인천지방법원 2017.03.17 2016가합1416

공사대금

Text

1. The Defendant’s KRW 204,258,487 as well as 6% per annum from November 1, 2014 to May 26, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff (formerly: Mine Packing Construction Co., Ltd.) is a company established for the purpose of packing construction business, and the Defendant is the representative director of rubber block B (hereinafter “B”) established for the purpose of manufacturing and selling rubber block.

B. The Defendant’s letter of debt repayment 1) The Plaintiff: (a) the Suwon City Corporation (hereinafter “instant Corporation”) from the Suwon City Corporation; (b)

(2) On May 9, 2013, the Plaintiff prepared a letter of debt repayment, stating that “B, on December 30, 2013, the Defendant promised to perform the said amount of credit, at the time when the amount of debt is not repaid until December 30, 2013, with respect to the goods and the amount of the construction payment to be repaid to the Plaintiff by B, and the amount of debt 421,292,950 won,” as the contract price was paid in KRW 421,292,950, and the Defendant did not receive the said construction payment from B.

C. 1) The Plaintiff signed a settlement agreement between the Plaintiff and B on May 9, 2013 with respect to D technology and business fees (hereinafter “instant settlement agreement”) between the Plaintiff and B.

prepared, and the primary contents are as follows:

Settlement Agreements

1. Order place: A global corporation of copulone;

2. Construction name: D;

3. Technology and business fees: 90,000,000 won; and

4. Of the total amount of technology and business fees of KRW 90,000,000,000, the balance shall be paid on May 10, 2013; and

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7. The amount of debt repaid in the final settlement of accounts shall be disposed of as profits excluding paragraph (3) after the completion of the relevant works.

2) In accordance with the instant settlement agreement, the Plaintiff entered into a contract with the Kook Global Incorporated Co., Ltd. under which such contract is accepted by setting the period of construction from March 22, 2013 to September 30, 2013; and the construction cost of KRW 743,00,000 (hereinafter referred to as “river Report Package Contract”).

technology and business fees to B on May 10, 2013.