계약이행등
1. All of the plaintiffs' claims are dismissed.
2. The costs of the lawsuit are assessed against the Plaintiffs.
Basic Facts
The status of the parties concerned is the construction business operator who received a contract from the Defendant for the part of the interior work of a hotel, and the Plaintiff C Co., Ltd. (hereinafter “Plaintiff C”) is the company whose representative director is the Plaintiff A.
An intervenor is a company that takes over a hotel building, site and business right from the defendant with respect to the new construction project.
The Defendant, with loans from the Tourism Promotion and Development Fund, planned to implement the new hotel construction project (hereinafter “new construction project of this case”) on the ground of Gangwon-do Yangyang-gun D.
On August 3, 2005, the Defendant concluded a contract for construction work (hereinafter “the instant contract”) with respect to the part of the interior decoration work among the Plaintiff A and the Plaintiff’s new construction work, setting the construction period from November 2005 to October 2007 as the construction amount of KRW 3,080,000,000 (including value-added tax).
When the progress and the progress of the new construction project of this case were delayed, the plaintiff A filed a lawsuit against the defendant on August 19, 2008 to pay advance payment of KRW 616,000,000 under the interior construction contract of this case, and damages for delay in the appellate trial of the above lawsuit. The conciliation was concluded on July 28, 2010 with the following contents:
(2) On August 3, 2005, the Plaintiff and the Defendant changed the term “contractor A” under the construction agreement between the Plaintiff and the Defendant on August 3, 2005 to the “contractor C (representative A)” whose representative director is the Plaintiff, as well as the term “contractor C (representative A).
However, the term “the construction period from November 2005 to October 2007” under the above contract is the period already lapsed, so the term is newly set at the time when the interior work of the building is possible after completion of the structural construction of the building due to an agreement between the plaintiff and the defendant, and such period is within the range of two years.
2. The plaintiff withdraws the lawsuit of this case, and the defendant consents thereto.