(영문) 대전지방법원홍성지원 2014.12.23 2013가단3408

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(영문) 대전지방법원홍성지원 2014.12.23 2013가단3408

공사대금

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1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. On December 15, 201, the Defendant obtained permission for conversion of a site for the purpose of operating the agricultural machinery repair shop, etc. with respect to the instant land outside Seocheon-gun, Chungcheongnam-gun, and three lots (hereinafter “the instant forest”). On December 15, 201, the Defendant concluded a contract for public works with respect to the instant forest by setting the construction cost of KRW 137,000,000 and the construction period of the instant forest land from December 15, 2011 to March 30, 2012 (hereinafter “the instant construction contract”).

B. On April 2, 2012, the Defendant changed the instant construction contract to the effect that the construction cost is increased to KRW 294,000,000 (only in the case of KRW 35,000,000 for equipment costs) between the Plaintiff and the Plaintiff who represented the Selection C, and that the construction period is extended to May 15, 2012.

C. On November 15, 2012, the Defendant drafted a written agreement with the Plaintiff and the Appointor C (hereinafter “Plaintiff, etc.”) as follows (hereinafter “instant agreement”).

C. Although the plaintiff et al. has filed a lawsuit against the defendant for the construction cost of 2012 A. 1327 for case number red support, the plaintiff et al. shall withdraw it.

The defendant also agrees to the withdrawal of the lawsuit.

Provided, That in lieu of the withdrawal of a lawsuit by the plaintiff, etc., the defendant has placed soil so that the defendant can work until May 30, 2013.

When soil is not filled, an amount of KRW 74,900,000 for the part of the construction work until May 30, 2013 shall be paid to the plaintiff, etc.

If soil is cut off, 86,400,000 won shall be paid for the balance of the work after completion as agreed upon.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 3, 8, and 9, the purport of the whole pleadings

2. The assertion and judgment

A. First of all, the Plaintiff et al.’s assertion: (a) drafted the instant agreement, and the Defendant paid the Plaintiff et al. KRW 14,000,000 to the Plaintiff et al. by March 2013; and (b) did not implement the agreement.

In addition, in relation to the agreement on the removal of earth and sand among the agreement of this case, the plaintiff.

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