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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 26, 2011, the Defendant contracted for the construction of the access road to the Seoyang-si, Sejong-si, with the Plaintiff on July 26, 201, for which the contract price was KRW 10.34 billion for the land and steel reinforced concrete construction (hereinafter “instant construction”) during the said construction, and the completion date was set as January 22, 2014.
The defendant and the plaintiff agree with regard to the settlement of accounts of the instant construction works as follows:
- - During the construction work for opening PY PY access roads, the settlement amount is based on the Defendant and the Plaintiff’s free will on July 26, 2011 to November 13, 2015, including the settlement amount of KRW 7,180,360,360,000, including the additional preservation amount of KRW 80,000,000, including the agreed amount of KRW 7,180,364,074,150, and the remaining amount of KRW 336,285,850 (units: KRW 7,50,000,000,000, including the additional preservation amount of KRW 7,50,000,000,000,000 including the agreed amount of KRW 8,84,074,150,000,000,000,000,000,000,000.
After the signing of this Agreement, the Plaintiff shall submit a defective warranty for the settlement amount within seven days, and the Defendant shall pay the remaining amount (336,285,850 won) due under this Agreement to the Plaintiff within seven days from the receipt of the defective warranty submitted by the Plaintiff in cash.
B. After the establishment of this settlement agreement, the Defendant and the Plaintiff need not raise an objection and dispute in connection with the present construction and settlement agreement in any way, including civil and criminal litigations, civil complaints against the ordering party, etc.
However, it is excluded where the plaintiff directly files a lawsuit claiming indirect costs against the ordering person, and the defendant cooperates in all the affairs necessary for the plaintiff's proceeding.
B. On January 31, 2016, the instant construction project, following the six-time agreement on the change of the contract amount or the deadline for completion of construction.