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(영문) 서울중앙지방법원 2021.01.22 2019가합509309
공사대금
Text

Of the instant lawsuits, the principal claim and the principal claim shall be dismissed in entirety. 450,000,000 won shall be dismissed.

Reasons

1. Basic facts

A. On January 11, 2019, the Plaintiff filed an order to pay the construction cost of KRW 472,982,436 regarding each of the instant construction works listed in the separate sheet (hereinafter “instant construction works”) with respect to each of the instant rehabilitation companies listed in the separate sheet (hereinafter “instant construction works”) and the payment order was issued as new listenings. The instant rehabilitation company raised an objection against January 30, 2019 and implemented the instant lawsuit.

B. The Plaintiff filed an application with the E Council for conciliation of disputes over the instant construction project against the instant rehabilitation company.

On January 17, 2020, the E Council’s conciliation procedure entered into an agreement between the Plaintiff and the instant rehabilitation company and the agreement to implement such agreement (hereinafter “instant conciliation agreement”), and the instant rehabilitation company, which is the reported Plaintiff and the reported party, agree on the matters (number G) reported to the E Council with respect to “F regional housing association new construction works and four cases,” as follows.

1. The instant rehabilitation company should pay a total of KRW 450 million (including VAT) to the Plaintiff as follows.

- Payment method: Cash payment - Payment by 75 million won per month from February 25, 2020 to July 25, 2020.

2. The Plaintiff is not liable for the repair of defects related to the pertinent construction work.

3. The Plaintiff and the instant rehabilitation company confirm that there is no amount payable or unpaid in connection with the instant case other than the aforementioned amount.

4. The plaintiff and the rehabilitation company of this case implement the above agreement and do not raise any objection or criminal charges under the Subcontract Act (hereinafter referred to as the "subcontract") and the Fair Transactions in Subcontracting Act with respect to this issue.

(3) The document was drawn up.

(c)

The rehabilitation company of this case filed an application for commencement of rehabilitation proceedings with the Seoul bankruptcy court 2020 meeting 10051.

The above court on April 29, 2020.

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