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(영문) 인천지방법원 2020.05.14 2019나65286

약정금

Text

1. The part regarding the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's lawsuit against the defendant shall be dismissed.

3...

Reasons

1. Facts of recognition;

A. On February 18, 2016, the Plaintiff entered into a contract for construction works with Codefendant C Co-Defendant C (hereinafter “C”) of the first instance trial with the Defendant, setting the portion of the works for the production and installation of boiler production facilities and boiler production and installation works (hereinafter “instant boiler construction”) at the scene D in Ulsan-gu, Ulsan-gu (hereinafter “instant boiler construction”) as construction cost of KRW 1140,000,000 (excluding value-added tax).

B. While the boiler was in progress, there was a dispute between the Plaintiff and C regarding the performance of construction works and the payment of the price in connection with the additional construction.

On November 22, 2016, C’s representative director, the Plaintiff’s representative director, and the Defendant’s managing director, etc. opened a meeting on November 22, 2016, and settled them by applying a reasonable unit price after confirming the Plaintiff’s claim quantity and the review quantity of C with respect to the additional construction required by the Plaintiff through a working-level consultation. The additional construction amount was paid in C within one month after the completion of construction work, but the Defendant directly handles the Plaintiff and deducts the Plaintiff from the ability to pay. (hereinafter “instant business consultation”).

C. On November 28, 2016, the Plaintiff and C determined all additional construction costs incurred from the boiler Construction Work, ASR/SF burners, and boiler-related ancillary equipment construction works (hereinafter “instant pipeline construction”) as KRW 275 million (excluding value-added tax) and agreed to pay the said cost within one month after the completion of the construction work (hereinafter “instant agreement”).

On January 11, 2017, the Plaintiff completed both the boiler and pipinging construction, and was confirmed as completion by C and the Defendant.

The Plaintiff is jointly and severally liable for the additional construction cost of KRW 275 million according to the instant agreement against C and the Defendant on May 19, 2017, who did not pay the additional construction cost according to the instant agreement.