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(영문) 울산지방법원 2015.03.04 2014가단16424
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 22, 2013, the Defendant: (a) concluded a contract with Nonparty C for the construction of neighborhood living facilities and multi-family houses with the third floor size (hereinafter “instant construction project”); (b) the construction cost of KRW 448,00,000 (excluding value-added tax); (c) the construction period from July 20, 2013 to October 30, 2013; and (d) the completion date by November 15, 2013 (hereinafter “instant construction contract”).

B. On January 15, 2014, the period for completion of the construction agreement of the instant construction project, the Defendant entered into an agreement on the remainder of construction works, waiver of construction works, and compensation for damages (hereinafter “instant agreement”) with the following content as stated in the attached Form C:

- the following-

1. A guardian who accurately maintains the timing of completion of the documents necessary for completion (17 days);

2. A manager of the deadline for construction works ( February 5);

3. Shall process the attached construction items in full, - Installation and completion of works.

4. That additional amounts relating to the completion of construction works other than KRW 25 million shall not be paid any more.

5. Any balance remaining after completion shall be paid in the amount of compensation for damage caused by air delay, which is KRW 20 million.

6. Guarantee insurance for repair of defects in a construction project (where a deadline for construction works has been completed), - Subscription to guarantee insurance for a construction project (three years), along with the date on which the balance is calculated upon completion of the construction project;

7. Upon the expiration of the due date for construction - Any balance (Payments upon the completion of the construction) and the waiver of the construction and the amount of damage (amount of damage - the total amount of damage - the amount of damage - the amount of total estimated construction - the amount of damage - the amount of

8. Even one of the above provisions shall be in accordance with the 7th clause in writing.

C. On January 14, 2014, the Plaintiff received KRW 100,000,000 from C for the instant construction project, which was not paid by C from the Defendant. At that time, C notified the Defendant of the transfer of the claim.

The instant building was approved for use on February 17, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2-2, 12, and Eul evidence 1, 2-2.

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