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(영문) 창원지방법원 2019.04.18 2018가단10978
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit by the Defendant, around January 2015, contracted from the Korea Rural Community Corporation for the construction cost of KRW 1.930 million in total.

2) On December 3, 2016, the Plaintiff subcontracted the said construction work to the Defendant. 3) On July 14, 2017, the Defendant filed a lawsuit against the Plaintiff seeking payment of KRW 300 million for the construction work price in the instant court case, which was notified by the Plaintiff of the discontinuance of construction work.

B. The full bench in the instant case 2017Gahap53388, which became final and conclusive, decided on February 28, 2018, and the Plaintiff and the Defendant did not raise any objection to the said decision of recommending reconciliation, and the said decision of recommending reconciliation was finalized on March 21, 2018.

hereinafter referred to as "decision of recommending reconciliation of this case"

(2) The content of the decision to recommend reconciliation in this case is as follows.

For the convenience of understanding, the plaintiff in the above Reconciliation Recommendation Decision was revised to the defendant in this case and the defendant in the above Reconciliation Recommendation Decision was revised to the plaintiff in this case.

1. The Plaintiff shall pay KRW 87,753,00 to the Defendant until March 21, 2018. If the Plaintiff fails to pay the said amount by the payment date, the Plaintiff shall pay the unpaid amount plus damages for delay calculated at the rate of 15% per annum from the day following the payment date to the day of full payment.

2. Upon receipt of the money set forth in the above 1.1, the Defendant shall immediately withdraw the application for provisional seizure of claim No. 2017Kahap10192 from the Changwon District Court, and file an application for cancellation of enforcement.

3. By April 30, 2018, the Defendant shall deliver each data on the calculation of occupational health and safety management expenses and environmental preservation expenses related to the instant subcontract, and data on the measurement of private soil transport distance, respectively, to the Plaintiff.

The plaintiff shall pay 80,636,000 won to the defendant simultaneously with the receipt of the above documents from the defendant.

When the plaintiff delays the payment of the above amount, the interest rate of 15% per annum shall be added to the unpaid amount from the day following the date of delay until the date of full payment.

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