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(영문) 서울동부지방법원 2016.11.02 2016가단111158
정산금 지급
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 December 15, 2014, the Plaintiff Company and the Defendant A, B, and Nonparty D (hereinafter “Defendant A, etc.”) performed the construction of F apartment units on the land of Gyeonggi-gun E (hereinafter “instant land”). The Defendant A, etc. entered into a contract to pay the construction cost of KRW 1,944,00,000 (Evidence A; hereinafter “instant contract”). Nonparty G signed and sealed the instant contract as the contractor of the instant contract.

B. The Plaintiff Company thereafter lent KRW 60,000,000 to G for purchase of road sites related to the instant contract by 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 G and Nonparty H on the attached sheet (Evidence 5, hereinafter “instant settlement agreement”).

[Reasons for Recognition] Evidence Nos. 1 to 5, and the purport of the whole pleadings

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

A. The Plaintiff agreed to terminate the instant contract by preparing the instant settlement agreement with G entrusted with all authority by Defendant A, etc. on the instant contract. On the other hand, the Plaintiff agreed to receive KRW 220,000,000 from the Defendant’s side, including the progress payment and loans to G under the said contract. On the other hand, Defendant C received KRW 100,000 from the Defendant’s side on November 11, 2015 and succeeded to D status based on the instant contract. As such, the Defendants are obligated to pay each of the Plaintiff the remainder of KRW 120,000,000 and the remainder of KRW 16,000,000, and delay damages therefrom.

B. The Plaintiff Company’s settlement amount with G and H on June 10, 2015 is KRW 220,000,000.

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