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(영문) 창원지방법원 마산지원 2021.01.14 2019가단109035
구상금
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The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant B”), on April 23, 2014, Defendant B Co., Ltd. (hereinafter “E”), contracted the F new construction work on the following grounds: (a) KRW 4,950,000,000 for the starting date; (b) May 1, 2014; and (c) October 31, 2014 for the completion date.

2) When Defendant B terminated the contract with E on December 3, 2014, Defendant B drafted the following agreements regarding the settlement of construction cost and the amount loaned by E (hereinafter “instant agreement”).

1. From September 2013 to July 2014, 2014, E confirms that the total amount loaned to Defendant B is KRW 234,00,000.

2. The compensation for any loss sustained by E due to the discontinuance of construction works, and the compensation for the defendant B shall be 150,000,000 won;

3. The date and amount of the payment of loans and damages to be paid by Defendant B to Defendant E are as follows:

1) Base pay amount: 60,000,000 won for the base payment, and the date of the completion of the base payment: 70,000,000 won for the first payment, and the date of the first payment: February 3, 2015: 10,000,000 won for the second payment, and the second payment date: 154,000,000 won for the second payment: 154,000,000 won for the third payment, and the third payment date: May 15, 2015: Provided, That at the third payment, Defendant B shall deduct 35,00,000 won for E (tax seized in the name of Gangseo-gu Busan Metropolitan City) and shall pay KRW 10,000 for the second payment date.

3) Defendant B paid to E totaling KRW 175 million (= KRW 15 million) on April 18, 2015, KRW 30 million on February 10, 2015, KRW 20 million on March 18, 2015, KRW 100 million on April 2015, and KRW 25 million on November 16, 2015.

4) On February 16, 2016, E transferred KRW 150 million among the claims under the instant agreement to D, and notified Defendant B of the transfer of claims on February 17, 2016, and this notification reached Defendant B on February 18, 2016.

B. D’s lawsuit 1) On April 12, 2016, D filed a lawsuit against Defendant B seeking payment of KRW 114 million from the Busan District Court’s Dong Branch (2016Ga group 5063).

On May 30, 2017, the above court rendered a judgment that fully accepts D's claim.

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