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(영문) 서울중앙지방법원 2019.06.27 2018가단5237636
공사원가분담금액 청구
Text

1. The Defendant’s KRW 84,562,738 for the Plaintiff and its related KRW 6% per annum from December 29, 2017 to June 27, 2019.

Reasons

1. Basic facts

A. On June 20, 2016, the Plaintiff jointly supplied C Corporation ordered by Gangwon-do (hereinafter “instant Corporation”) with Defendant and D Company.

The ratio of shares of joint supply and demand companies is 51%, 20%, and 29%, respectively.

B. E Co., Ltd. (hereinafter “E”) (hereinafter “E”) given a subcontract for a tunnel construction project during the instant construction project from a joint contractor and gave up the construction project on November 2016, and subsequently given a direct refusal to the joint contractor as to KRW 610,830,000 for the waiver of the construction project and the progress payment.

C. On December 16, 2016, the Plaintiff and the Defendant drafted a settlement agreement with the Defendant entrusting the Plaintiff with regard to the tunnel construction among the instant construction works under the responsibility of the Defendant.

(hereinafter referred to as "settlement agreement". The contents of the settlement agreement shall be as shown in the attached Form.

After the completion of the settlement agreement, the defendant did not perform the tunnel construction among the instant construction works.

E. On December 29, 2017, Gangwon-do paid KRW 297,653,920 to the Plaintiff, the Defendant, KRW 119,526,590, and KRW 173,313,660 to D Co., Ltd., respectively, upon completion of the tunnel construction among the instant construction works.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, 6, 7, 16, and the purport of the whole pleadings

2. The plaintiff's assertion is primarily asserted that the defendant is obligated to pay the agreed amount equivalent to the completed amount that the defendant received from the ordering office according to the settlement agreement, and that the defendant received the completed amount that the plaintiff completed after leaving the place after the preliminary settlement agreement, and that the defendant is obligated to return the completed amount that the plaintiff received from the ordering office due to the return of unjust enrichment.

3. Determination

A. The contents of the settlement agreement concerning the primary claim are as shown in the attached Form. Although the contents of the settlement agreement are as shown in the attached Form, the Plaintiff shall pay 310,000,000 won to the Defendant as the settlement amount as alleged by the Plaintiff.

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