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(영문) 청주지방법원 2019.09.11 2018가합5642
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

In around 2014, the Plaintiff, while running a business of newly constructing two multi-household houses (hereinafter “instant multi-household houses”) on the ground of 355 square meters and 399 square meters (hereinafter “instant land”) in Cheongju-si, Cheongju-si, Cheongju-si, Cheongju-si (hereinafter “instant multi-household houses”), was to obtain registration, building permission, loan, etc. necessary for the said business in the name of Doin F.

On October 17, 2014, the Plaintiff entered into a contract with the Defendant for new construction of multi-household housing in which the remainder shall be paid after completion of the pelvis and the remainder shall be paid after completion of the pelvis.

The Defendant completed the structural construction of the instant multi-household housing on February 12, 2015, and requested F to pay an intermediate payment of KRW 400 million on or around March 9, 2015, but the follow-up process was suspended due to its failure to receive it.

Around August 2015, the Plaintiff received a report of defect diagnosis from G Co., Ltd. on the instant multi-household housing, which completed a structural construction project, stating that “The current structural structure defects may seriously affect the safety of the building. Therefore, the Plaintiff must conduct a precise safety diagnosis and follow-up processes after performing structural reinforcement according to the results of the structural reinforcement.”

On November 25, 2015, F became the Plaintiff, and filed a lawsuit against the Defendant for restitution, etc. of the instant multi-household house, following E.

After the agreement of this case was reached, the lawsuit was withdrawn on March 3, 2016.

The main contents of the agreement concluded on February 29, 2016 between the plaintiff, defendant and F are as follows:

(hereinafter “instant agreement” hereinafter). Defendant Representative H: FC: The Plaintiff’s above parties shall receive KRW 195,00,000,000, out of the total amount of attempted construction cost claim of the instant case of newly-built multi-household housing in the instant case of 1,497,500,000 (loan 15,420,000,000,000 additional tax amount of KRW 62,00,000,000, which was paid until March 9, 2016, and KRW 1,302,50,000,000 among the total amount of 1,302,50,000,000 as loans within one month after completion.

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