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(영문) 청주지방법원 2017.09.27 2016가합21770
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter referred to as “C”) contracted to the Plaintiff on January 27, 2015 (hereinafter referred to as “C”) with the construction cost of KRW 654,830,00 (including value-added tax; hereinafter the same shall apply), ② on February 6, 2015, 91,30,000 of the construction cost for the production and supply of SOLO RO RF; ③ March 23, 2015; ③ T-01, T-04 (T-02 PIT T-02), T-04 (T-02 PIT) and TRELE construction cost of KRW 309,760,000 of the construction cost, respectively.

(hereinafter referred to as the “instant construction” by referring to each of the above construction works contracted by C: A written agreement on the payment of construction costs;

1. During October 2015, C shall pay the Plaintiff the construction cost of KRW 500,000,000.

2. During October 2015, C shall pay the Plaintiff the construction cost of KRW 230,000,000.

3. If the defendant fails to comply with the proposed payment of the price under the above 1 and 2 above, it shall be immediately treated by the defendant.

4. Under the terms and conditions of this Agreement, if the defendant, C, and the plaintiff do not raise any objection, sign and seal the products shall be promptly supplied by the plaintiff, and the unprocessed products shall be produced and supplied in such a manner as not to impede the installation process at the site.

B. On May 11, 2015, between the Plaintiff’s representative director, C vice president E, and Defendant’s executive director F, a written agreement on payment of the construction price as follows (hereinafter “instant agreement”) was made between the Plaintiff’s representative director, C vice president, and Defendant’s executive director F.

C. On October 2, 2015, the Plaintiff filed a lawsuit against Cheongju District Court 2015Kahap1632 against Cheongju District Court (Cheongju District Court 2015Gahap1632), and on January 28, 2016, the Plaintiff partly won the Plaintiff with a judgment that “the Defendant shall pay to the Plaintiff 529,106,019 won, and interest calculated at the rate of 5% per annum from September 9, 2015 to January 28, 2016, and 15% per annum from the next day to the date of full payment.” The said judgment became final and conclusive on February 16, 2016.

[Ground of recognition] Each entry of Gap evidence Nos. 1 (including a serial number; hereinafter the same shall apply) through 3, witness F, E, and G's testimony and the whole purport of the arguments.

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