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(영문) 수원지방법원 2016.04.07 2015가단123517

공사대금

Text

1. The Defendant amounting to KRW 50 million to the Plaintiff and the Plaintiff’s annual rate of 6% from September 4, 2014 to April 7, 2016.

Reasons

1. Basic facts

A. A. Around July 29, 2014, the Plaintiff and the Defendant: (a) determined the contract amount as KRW 300 million (excluding value-added tax) with respect to the removal of the scrap metal, non-ferrous metal, and machinery and equipment, etc. within the Defendant’s factory (hereinafter referred to as “instant removal works”) (hereinafter referred to as “instant removal works”); (c) is in charge of the Plaintiff’s removal of the said scrap metal, non-ferrous metal, and machinery and equipment, etc. owned by the Defendant within the aforementioned factory from the package removal of the said scrap metal, non-ferrous metal, etc.; (d) except for the parts subject to construction; (d) the construction period will start on July 23, 2014 to complete the construction contract; and (e) the remaining balance between the order and the order shall be paid on the date of the order completion of the construction work; and (e) the remainder of the order shall be paid on the date of the order completion of the construction project.

B. On August 13, 2014, the Plaintiff and the Defendant drafted a written agreement to the effect that “In the course of waiver and settlement of the remaining construction after August 13, 2014, the Plaintiff is unable to continue to perform the removal of the instant case due to the Defendant’s circumstances, the Plaintiff shall be determined as KRW 50 million, and the Plaintiff shall not raise any objection against the foregoing as a civil or criminal matter.”

The date of the preparation of the above agreement is indicated as August 13, 2014, but the plaintiff sent official correspondence to the defendant by e-mail around August 8, 2014, and on August 18, 2014, on August 28, 2014, the plaintiff requested the defendant to pay an amount equivalent to KRW 100 million for the term works by sending each content-certified mail to the defendant, but the actual date of preparation is around September 3, 2014.

C. On September 3, 2014, the Plaintiff, the Defendant, the E, and the limited liability company received KRW 1,50,000,000 from E in return for the removal of the instant case from F. The Plaintiff would receive KRW 50,000,000 from the Plaintiff.