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(영문) 서울중앙지방법원 2016.01.29 2014가합57056

청구이의

Text

1. The Defendant’s compulsory execution against the Plaintiff based on the Seoul High Court Decision 2013Na1169 Decided May 20, 2014.

Reasons

1. Basic facts

A. 1) On February 5, 2010, the Defendant entered into the instant contract with the Plaintiff and B, as well as the construction of a gas filling station C on the ground of the Suwon Line C (hereinafter “instant construction”).

(3) As to the construction period, the contract for the construction work (e.g., the date of the commencement of the construction work on February 16, 2010) and the construction cost of KRW 845 billion (hereinafter referred to as “instant contract”).

(2) The Defendant completed the instant construction and delivered the completed gas filling station to the Plaintiff and B.

B. On November 8, 2010, the Defendant entered into a modified contract with the Plaintiff and B to reduce the construction cost of the instant contract by KRW 38.5 million and to change and settle the contract amount to KRW 8.6.5 million. 2) In addition, on November 8, 2010, the Plaintiff, the Defendant, and B, and D entered into an agreement with the following contents (hereinafter “instant agreement”), which is the date of the said modified contract, on which November 8, 2010:

In addition, on the same day, the defendant, the plaintiff and the plaintiff, the plaintiff, and the plaintiff, B, and D agreed to settle the contract construction cost settlement from the original contract amount to 38,500,000 won as the balance of liquidation, and the payment of all the input construction cost accounts, including the accounts payable to the defendant, among the construction cost that the defendant paid to the construction work, shall be entirely responsible for the plaintiff, the plaintiff, the plaintiff, and the Eul.

2. The defendant shall return to the plaintiff, B, and D the remaining amount of KRW 74 million out of the total construction cost of KRW 86.5 million already received from the plaintiff, B, and D in relation to the above agreement.

5. After completion of the implementation of paragraph 2, even if each of the above enterprises requests the Defendant to pay the unpaid construction cost, the Defendant is not liable for any cause and the Plaintiff, B and D shall be treated in accordance with paragraph 1.

6. The Defendant, the Plaintiff, B, and D shall carry out the implementation of each of the above paragraphs with good faith.