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(영문) 서울중앙지방법원 2016.04.26 2013가단196971

보상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On March 21, 2013, the Defendant agreed to immediately pay the Plaintiff KRW 93 million as damages for the damages related to the “Smidive Promotion Works within the Incheon Power Plants” (hereinafter “instant agreement”) to the Plaintiff on March 21, 2013, as there is no dispute between the parties, and thus, the Defendant is liable to pay the Plaintiff the agreed amount of KRW 93 million and the damages for delay, barring any special circumstance.

2. Judgment on the defendant's defense

A. The Defendant’s defense against the Plaintiff was set off against the Defendant’s claim for the remainder payment against the Plaintiff.

B. (1) Each of the following facts may be considered either as a dispute between the parties, or as a whole together with the purport of the entire pleadings, as set out in Gap evidence 3, Eul evidence 1 to 3 (including additional numbers):

① At the time of the instant agreement, the Defendant agreed to deduct the Plaintiff from the payment for the completed portion, in the event that the Plaintiff is unable to immediately pay the agreed amount of KRW 93 million.

(2) Before the agreement of this case, the Defendant had subcontracted the Plaintiff’s “Construction Work for the Promotion of Sewage culvert of Gwangju Metropolitan City” and “Construction Work for the Promotion of the New Airport Sewerage culvert” respectively and failed to receive the construction cost, etc., and the amount of the claim exceeds KRW 93 million as of the date of the agreement of this case.

③ On July 3, 2013, the Defendant filed a counterclaim against the Seoul Central District Court 2013Gahap521703, which the Plaintiff filed on July 3, 2013, seeking the payment of the said construction cost, etc., and asserted that the instant claim amounting to KRW 93 million was offset against an equal amount in the construction cost, etc. to be received from the Plaintiff. The duplicate of the counterclaim containing the declaration of intent of offset was served on the Plaintiff around that time.

According to the facts found above, the Plaintiff’s claim of this case is related to the Defendant’s implementation of the sewage culvert in Gwangju Metropolitan City, and the “the implementation of the sewage culvert of the New Airport”.