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(영문) 제주지방법원 2019.11.14 2017가합13164
공사대금
Text

1. The part concerning the claim for 12,576,177 won and damages for delay in the principal lawsuit of this case shall be dismissed.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On August 4, 2016, the Plaintiff and the Defendant entered into a contract for construction works (hereinafter “instant construction contract”) with the Defendant entering into a contract with the Plaintiff to contract the Plaintiff for construction works (hereinafter “instant construction contract”) with a total construction cost of KRW 4,000,000 (excluding value-added tax).

On November 15, 2016, the Plaintiff waived the instant construction work, and entered into an agreement with the Defendant on settlement of accounts with respect to the following content, which had been performing the weekly construction works 1, 2, 3, and 4.

(hereinafter referred to as “instant settlement agreement”). Written agreement on settlement in other Sections (Evidence A 2)

1. The amount of the settlement of accounts for the instant construction works seems to be written in writing of “400,000,000 won per day” (5,400,000 won).

The amount of value-added tax to be paid for the last portion of the 151,131,348,348,60,000,800 129,961,6762, 151,348, 60,000,868,65252,000,000 50,000,000 for the last portion of the 168,551,994,168,51,994, 994, 260,000,000 for the last portion of the 227,910,778,000,000,000,645,018,000 won for the last portion of the 168,51,994,51,994,260,000,000 won for the last portion of the 2nd portion of the value-added tax, including value-added tax.

(280,000,000 won) shall be paid for KRW 180,000 (180,000,000) per each letter of waiver of the project, and the balance shall be paid for KRW 100,000,000,000,000,000,000 for each balance.

2. The plaintiff confirms that the construction cost under paragraph (1) includes all the construction cost from the commencement of the construction to the settlement of accounts at the end of October, and in the future, the plaintiff and the defendant do not raise any objection under the Construction Business Act and the Subcontract Act including civil and criminal law.

3. The plaintiff guaranteed that the plaintiff does not have any such amount as wages, materials, leases, food rentals, etc. up to October 31, 199 to be borne in connection with the construction of this case, and if the plaintiff's non-payment is claimed against the defendant.

Even if the plaintiff is responsible for it.

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