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Of the instant lawsuits, the part of the claim KRW 18,000,000 shall be dismissed.
The defendant shall pay to the plaintiff KRW 40,189,180 and this.
Reasons
1. Facts of recognition;
A. In relation to the new construction of a Dtel which was under construction on the ground of Gangnam-si, Gangwon-do, the Plaintiff had a claim for the material cost of KRW 24,00,000 against the Defendant, 40,189,180, respectively.
B. The Plaintiff, together with other construction business operators, sought to exercise the right of retention against the Defendant at the above construction site, and there was a dispute between the Defendant and the Defendant, and filed an application for provisional injunction against obstruction of possession with the Gangseo-gu District Court Decision 2020Kahap2003.
On the other hand, the defendant et al. filed a provisional injunction against obstruction of construction against the plaintiff and other construction business operators by the Chuncheon District Court 2020Kahap2009.
C. The Defendant et al. asserted the right of retention based on the claim amounting to KRW 64,189,180 against wage and material costs in the application form for a provisional injunction against obstruction of construction filed by the Defendant et al. as a creditor, but it was disputed to the purport that this is unjustifiable. From the date of the above provisional injunction against obstruction of construction, the conciliation between the Plaintiff and the Defendant was established as a summary of the following (hereinafter “instant conciliation”).
2.(a)
With respect to the instant construction (new construction of the instant officetel), the Defendant confirmed that there was KRW 18,00,000 for the Plaintiff’s obligation to pay wages, and paid KRW 18,00,000 to the Plaintiff in three installments, and paid KRW 6,00,000 for the last day of each month from May 31, 2020 to July 31, 2020. If the Defendant delays the payment of the said money at once on each of the above payment dates, he shall immediately lose the benefit of time, and shall pay damages for delay at the rate of KRW 12% per annum from the day following the day of loss of the interest of time to the day of full payment.
B. After completing the part of the construction of the instant construction, the Defendant shall deliver the materials supplied by the Plaintiff to the Plaintiff immediately.
6.(a)
The plaintiff leaves the defendant from Gangnam-si C by April 24, 2020.
B. The Plaintiff’s duty to deliver and withdraw.