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(영문) 수원지방법원 평택지원 2018.10.24 2016가합8420
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On September 29, 2014, the Plaintiff entered into a construction contract with Defendant B farming association (hereinafter “Defendant B”) for the construction work price of KRW 2.73 billion (excluding value-added tax) and from September 29, 2014 to December 31, 2014, with respect to “G Corporation for the land of 7 parcels, F.S., Hong-gun, Hong-gun, Hong-gun (hereinafter “instant construction project”).

B. While the Plaintiff continued the instant construction, the Plaintiff suspended the instant construction work on or around December 2014.

On October 20, 2015, the Plaintiff and Defendant B drafted a written agreement (Evidence A No. 4, hereinafter “instant agreement”) with the following contents, when settling the contract price of the work performed by the Plaintiff.

Meanwhile, Defendant B’s representative director C guaranteed to the Plaintiff the payment of money under the above agreement.

Agreements

1. Defendant B agrees to the following content to the Plaintiff, who carried out the civil engineering works of the Filsung-gun, Chungcheongnam-gun, Chungcheongnam-gun, the land owned:

2. Defendant B and the Plaintiff shall appoint Defendant B and the Plaintiff to conduct the progress payment for the tourist farm construction which the Plaintiff had progress under mutual agreement, and conduct the real survey under two observations, and calculate the amount of progress payment according to the contract and the contract statement.

3. The defendant B and the plaintiff shall measure the amount of the completed portion and determine it as the completed construction amount.

4. Defendant B shall pay in cash KRW 400 million to the Plaintiff at the time of the preparation of the undertaking prior to the determination of the amount of the completed portion, and if there is any progress payment to be paid additionally among the confirmed progress payment under paragraph 2, Defendant B shall pay the additional amount within one month after the completion of civil engineering works (the time of submission of bank loan documents) of the tourist farm construction

5. (Omission)

C. Defendant B drafted the above agreement and paid KRW 400 million to the Plaintiff.

With respect to 2,621 square meters of miscellaneous land in Chungcheongnam-gun E, Hongsung-gun, which was owned by Defendant B, the name of Defendant D Co., Ltd. (hereinafter “Defendant D”) on November 10, 2015 on the ground of sale on November 5, 2015.

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