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(영문) 서울중앙지방법원 2021.02.10 2020가합514758

손해배상(기)

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On September 30, 2016, the Defendant was awarded a contract from C (hereinafter “C”) for the construction work of manufacturing and installing software and electric power, information and communications equipment, and completing the trial operation to D’s pellets producer. On October 13, 2016, the Plaintiff was awarded a contract for construction work of manufacturing and installing equipment with the Defendant for most materials (hereinafter “instant construction work”). On October 13, 2016, the Plaintiff filed a claim for an additional increase in the construction cost (hereinafter “instant construction work”). The Plaintiff filed a claim for construction work against the Defendant on July 2017, 201, for a large amount of KRW 550,000,000 ( separate value added tax), period from October 13, 2016 to May 31, 2017.

Then, on August 18, 2017, the Plaintiff drafted a written agreement with the Defendant (hereinafter “instant agreement”). Consolidated, on October 21, 2015, the Defendant entrusted the Plaintiff with the instant work related to the EPEJT, and on October 31, 2016, the instant construction (hereinafter “instant construction”) respectively.

With respect to the instant construction works, the Plaintiff and the Defendant agree with respect to all direct and indirect disputes (hereinafter collectively referred to as “instant dispute”) relating to the settlement of accounts, including payment between the Plaintiff and the Defendant (hereinafter referred to as “this Agreement”) as follows.

Article 1 (Settlement Agreement) (1) confirms that the settlement amount of the instant construction project (including all money, such as contract payment, interest, and additional payment) is 325,700,000 won in total (in the case of a sum below the value-added tax separate; hereinafter the same shall apply).

② In relation to the instant construction project, it is confirmed that the Defendant’s obligation to the Plaintiff does not exist in addition to the amount of settlement set forth in paragraph (1).

Article 4 (Termination of Disputes) (1) The plaintiff and the defendant terminate the dispute of this case ultimately through this agreement, and thereafter they conclude the dispute of this case and this agreement.