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(영문) 수원지방법원 안산지원 2018.11.29 2018가합6812

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 26, 2015, the Plaintiff concluded a construction contract (hereinafter “instant contract”) with the Defendant to accept the mutual-aid pipeline installation works (hereinafter “instant construction”) from the Defendant on a fixed basis as the contract price of KRW 3 billion (including value-added tax), October 26, 2015, and May 31, 2017 on the date of completion of construction.

B. On September 13, 2017, the Plaintiff and the Defendant’s Field Director D drafted a written agreement (hereinafter “instant agreement”) with the following contents.

(However, the date of its preparation was retrospectively drawn up on June 12, 2017). 1. The Defendant and the Plaintiff conclude a contract with respect to the “C Corporation’s mechanical equipment (IT, ISC) mutual-aid pipes and sanitary pipes” under the terms of settlement of actual input fees due to the expiration of the contract period during the construction process.

2.After the conclusion of a contract, the remaining construction works shall be paid as follows:

Issuance of a statement of direct payment invoice for direct payment of expenses incurred in the management of the materials cost and labor cost for the on-site expenses and the equipment cost manager;

3. After the conclusion of a contract, an agreement shall be made to pay 600,000,000 won out of the amount of losses 696,549,358 won in the course of the plaintiff's work in installments on four occasions, as follows:

1. Amount of KRW 150,000,000 paid on July 9, 200,000 for 150,000,000 for 150,000,000 for 10,000,000 for the payment day.

4. The defendant and the plaintiff agree to agree on the settlement as above.

C. On July 31, 2017, the Defendant issued bills with the face value of KRW 220 million and the due date of November 30, 2017 and delivered them to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The execution of the Plaintiff’s construction is entirely affected by the Defendant’s construction process of the newly constructed building that was contracted. It is even around May 31, 2017, which is the date of completion of the construction agreement.