(영문) 의정부지방법원고양지원 2017.09.07 2017가단74784

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(영문) 의정부지방법원고양지원 2017.09.07 2017가단74784

공사대금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. On October 14, 2016, the Plaintiff was awarded a contract for the new construction of Pyeongtaek-si D Multi-Family Housing by Defendant A and B.

(hereinafter “instant contract”). (b)

On December 22, 2016, when the construction is in progress, the Plaintiff and the Defendant A and B agreed to terminate the instant contract, and prepared an agreement for settlement of accounts (hereinafter “instant agreement”). Defendant C jointly and severally guaranteed the obligations of the Defendant A and B, and on the same day, the Plaintiff submitted a written waiver of the construction of the said new collective housing to Defendant A and B.

The following:

1. The amount to be settled for the instant construction project shall be KRW 80,285,215 (including value added tax).

-beaute-

4. Defendant A and B paid the said money in direct payment to the pertinent enterprise until December 30, 2016, and at the same time, an agreement on this other settlement of accounts and waiver of construction is completed.

For the payment of the above amount of settlement of accounts on the spot, joint and several sureties shall be the defendant C, and both parties shall assume all civil and criminal disadvantages if the above agreement is delayed or not implemented.

C. By February 23, 2017, the Defendants paid the full amount of KRW 80,285,215 to the pertinent business entity designated in the letter of agreement of this case.

【Legal basis for recognition】 Evidence A of Nos. 1 through 7, Category B of Evidence Nos. 1 through 6 (including numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The Defendants asserted that the Plaintiff did not pay the full amount of the settlement agreement by December 30, 2016 pursuant to the instant agreement, and accordingly, the agreement on the settlement of accounts was invalidated.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 48,194,352, which was not paid by the Plaintiff, even though the Plaintiff was actually spent during the construction process under the instant contract.

B. The Plaintiff submitted a single-stop stop and the Plaintiff.

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