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(영문) 춘천지방법원 2017.11.29 2017가합50433
손해배상(기)
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 December 12, 2013, the Plaintiff entered into a contract for construction of the E Business Facilities (hereinafter “instant contract”) with the Defendant Company as the construction period between December 12, 2013 and May 31, 2015, the contract amount of KRW 5,220,600,00 (including value-added tax) (hereinafter “instant construction”). Defendant B jointly and severally guaranteed the Defendant Company’s contractual obligation under the said contract.

B. As to the instant construction project on March 3, 2015, the Plaintiff and the Defendant Company agreed on the construction agreement that contains the following: (a) the settlement amount of the following matters; (b) the amount of the construction cost not paid at the site after supervision and verification of evidentiary documents; (b) the standards for management service contract between the Defendant Company and C; (c) the amount of agreement between the Defendant Company and the Plaintiff; and (iv) the said settlement is concluded within March 30, 2015.

C. On April 22, 2015, the Plaintiff notified the Defendant Company of the termination of the instant contract in accordance with the said agreement.

On August 6, 2015, the Plaintiff and the Defendant Company entered into an agreement on the settlement of accounts for construction works (hereinafter “instant settlement agreement”) with the following terms and conditions, and Defendant C jointly and severally guaranteed the Defendant Company’s obligation under the settlement of accounts, and Defendant D signed the agreement as an on-site agent.

Original contract amount: 6,488,790,000 other adjusted amount: 187,00,000 won (including VAT)

1.The amount of the above settlement of the Corporation shall be the amount of 209,311,677 won as requested by the Defendant Company, adjusted at the request of the Korea Investment Savings Bank, including 187,00,000 won, without reduction.

2.The approval of the PF of the Korea Investment Savings Bank shall take effect at the time that the amount is paid to the Defendant Company.

Provided, That this Agreement shall be null and void if the PF of the Korea Investment Savings Bank is rejected.

3. Once the settlement of accounts is completed, both the plaintiff and the defendant company cannot raise any civil or criminal objection.

4. The defendant company.

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