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(영문) 수원지방법원평택지원 2020.06.04 2019가합10233
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 16, 2016, the Plaintiff entered into a contract with the Defendant on December 16, 2016, under which the construction work for the new establishment of a new school conference on the ground level 1 and 4th above ground level hereinafter “instant construction work”). On December 20, 2016, the date of commencement was December 20, 2016; the date of completion was April 20, 2018 (16 months from the date of receipt of the report on commencement of construction); and the construction cost was KRW 6.8 billion (excluding value-added tax).

Since then, on August 26, 2017, the Plaintiff paid KRW 450 million to the Defendant with additional construction cost (excluding value-added tax) on August 26, 2017, and changed the construction period on April 16, 2018 to August 29, 2018.

(hereinafter referred to as the “instant contract”). Cash storage certificate amount: KRW 125 million for the original documents, KRW 300 million for the original documents, KRW 175 million for the original documents, and KRW 300 million for the contract work with the Plaintiff and the Defendant, shall be borne by the Plaintiff, and the Defendant shall seek cooperation from the Plaintiff by actively adjusting the amount of consultation and adjustment.

The plaintiff, the trustee, the defendant

B. On June 25, 2018, the Plaintiff agreed with the Defendant to proceed only with the part of the instant construction work [the part indicated “B” in the attached Form No. 8 (Evidence A)], and agreed that the remainder of the construction work shall directly proceed (hereinafter “instant amendment agreement”), and on June 27, 2018, the Plaintiff drafted a cash storage certificate (Evidence A No. 1; hereinafter “instant cash storage certificate”) with the Defendant as follows:

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, 6, 7, and 8, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s summary of the Plaintiff’s assertion is as follows: (a) the content of the instant contract was modified by the instant amendment agreement with the Defendant; (b) KRW 300 million, out of the construction cost that the Plaintiff paid to the Defendant or the Defendant’s sewage supplier.

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