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Reasons
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(영문) 대전고등법원 2017.12.06 2016재나1041
공사대금
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1. The quasi-examination of this case shall be dismissed.

2. The costs of quasi-examination shall be borne by the plaintiff.

Reasons

1. The Plaintiff and A, the representative director of the Plaintiff, filed a lawsuit against the Defendants claiming construction cost by asserting that “the Plaintiff and A did not receive construction cost despite having newly built a commercial building and multi-family house, etc. with the Defendants,” under the Daejeon District Court Branch Decision 2013Gahap792, 2014Gahap239 (Joint). The Daejeon District Court rendered a judgment dismissing the Plaintiff’s lawsuit and dismissing the A’s claim on November 17, 2015. The Plaintiff and A filed an appeal against the foregoing judgment under the jurisdiction of the competent District Court 2016Na19, 33 (Joint). On October 28, 2016, it is evident that the conciliation was concluded between the Plaintiff and the Defendants (hereinafter “instant conciliation”).

1. The Defendants recognize that the Plaintiff is liable to pay the total of KRW 1,125,00,000 to the remainder of the construction cost for the commercial buildings and housing listed in the separate sheet No. 1.

2. The Defendants shall jointly and severally pay to the Plaintiff KRW 310,000,000 out of the amount under paragraph (1) until December 20, 2016.

However, if the Defendants delayed the payment of the above amount, the damages for delay calculated by adding 15% per annum to the day after the date of delay from the day of full payment.

3. The Defendants are liable for and pay the following amounts until December 20, 2016:

Attached Table 2: 279,077,50 won in total of the claims for the seizure and collection order of each claim listed in Attached Table 2 List 1

(b) 20,360,000 won in total of the amount of credit transferred in each assignment as shown in attached Table 2 table 2; and

(c) The amount of seized claims of 120,000,000 won listed in Attached Table 2 List 3;

4. The plaintiff shall apply for the cancellation of provisional attachment of claims and provisional injunction against disposal of real estate in attached Table 2 List 4 at the same time with the payment of the amount under paragraph (2) from the defendants.

5. The defendants are the defendants.

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