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(영문) 수원지방법원성남지원 2016.04.19 2015가단19932
공사대금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On October 2014, the Defendant was awarded a contract for the installation of smoking materials among the construction works for replacing the smoking materials in the mechanical room of a hotel in a locking room from a shot design of a U.S. corporation.

B. From October 2014 to December 2014, the Plaintiff: (a) performed the part of the Non-Guidance Corporation among the foregoing construction; and (b) filed an application against the Defendant for a payment order seeking payment of KRW 59,400,000 for the Non-Guidance Corporation’s payment from Sungwon District Court Branch Branch Decision 2015 tea265, Jan. 2015.

C. On February 27, 2015, the Plaintiff agreed with the Defendant regarding the payment of the non-intermediate construction cost (hereinafter “instant agreement”) as follows.

In other words, '1. The defendant shall pay 22 million won to the plaintiff as the price for the construction work.

2. The Defendant shall transfer to the Plaintiff the Defendant the Defendant’s claim against the non-affort construction among the contract details with the non-affort table design.

4. The plaintiff shall immediately withdraw a lawsuit that has been pending in relation to the vision construction work.

The plaintiff will not impose any responsibility on the defendant in relation to this case later, and will not bring all civil and criminal lawsuits.

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D. In accordance with the instant agreement, the Plaintiff was above February 27, 2015.

The application for the payment order stated in the port was withdrawn, and the defendant paid 26 million won to the plaintiff as the price for the non-limited construction works.

[Ground of recognition] Facts without dispute, Gap 2 evidence, Eul 1 to 4 evidence, the purport of the whole pleadings

2. The defendant's defense prior to the merits against the defendant is against the non-litigation agreement at the time of the agreement, and the lawsuit of this case for which the plaintiff seeks payment of 35.4 million won for the remainder of non-production construction costs against the defendant.

In light of the above facts, the Plaintiff agreed against the Defendant at the time of the agreement of this case to not file a civil or criminal claim against the Defendant regarding the non-contentious construction works. Thus, the instant lawsuit is unlawful as it does not have any interest in the lawsuit.

As to this, the plaintiff is part of the defendant at the time of the agreement of this case.

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