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Reasons
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(영문) 서울동부지방법원 2016.11.02 2015가단133434
공사대금
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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 December 15, 2014, the Plaintiff Company and Nonparty C, D, and E (hereinafter “C, etc.”) undertaken the construction of new apartment units in Gyeonggi-gun; and C, etc. entered into a contract to pay the construction cost of KRW 1,944,00,000 (hereinafter “instant contract”) with the Plaintiff Company and Nonparty C, D, and E (hereinafter “C, etc.”) and Defendant A signed and sealed the instant contract as the contractor (execution officer).

B. The Plaintiff Company thereafter lent the sum of KRW 60,000,000 to Defendant A with the purchase fund for the road site related to the instant contract until December 22, 2014.

C. On June 10, 2015, while the Plaintiff Company was performing construction works under the instant contract, the Plaintiff Company drafted a settlement agreement with the Defendants on the attached sheet (Evidence A No. 3, hereinafter “instant settlement agreement”).

[Based on the recognition] Evidence Nos. 1 to 3, the purport of the whole pleadings

2. Determination as to the Plaintiff’s claim against the Defendants

A. The Plaintiff and the Defendants agreed to terminate the instant contract by preparing the instant settlement agreement with the Plaintiff. On the other hand, the Plaintiff agreed to receive KRW 220,000,000 as the settlement amount, including the progress payment under the said contract and the loans to Defendant A. Since the Defendants received KRW 100,000,000 from the Defendants, the Defendants are jointly and severally liable to pay to the Plaintiff the remainder of the settlement amount of KRW 120,000,000 and the damages for delay.

B. On June 10, 2015, the fact that the Plaintiff Company drafted the instant settlement agreement with the Defendants stating the settlement amount of KRW 220,000,000, as seen earlier.

However, in full view of the purport of the argument in Gap evidence No. 3, the parties to the settlement agreement of this case are four persons such as the plaintiff company, the contract guarantor, the defendant A, the joint guarantor, the defendant B, the joint guarantor, and the construction contractor at the construction site, and the above settlement agreement.

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