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(영문) 의정부지방법원 고양지원 2018.01.25 2017가단75046
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The lower court: (a) concluded a contract with the Defendant for a new construction of a ground neighborhood living facility, such as the Ilmun-gu, Ilyang-gu, Goyang-gu, Goyang-si; (b) concluded a contract with the Defendant on October 25, 2015 for the part of the steel frame construction among the above construction works; (c) the Plaintiff completed all of the said steel frame construction works (hereinafter “instant construction”); (d) the Plaintiff was paid KRW 160,000,000 from the Defendant three times until June 10, 2016 under the pretext of construction payment; and (d) the fact that the owner received KRW 31,80,000,000 from February 10, 2017 is either not disputed between the parties concerned, or that the entire purport of each of the items and arguments as stated in subparagraphs A, B, and B, subparagraph 3 is recognized by adding up all the arguments and arguments.

2. The plaintiff asserts that he/she may not respond to the plaintiff's claim because he/she has made an agreement to the effect that he/she would no longer raise an objection with respect to the construction work of this case, and that he/she could not respond to the plaintiff's claim, since he/she filed a claim for the payment of the unpaid construction cost of KRW 94,40,000 with the defendant (=288,200,000 - KRW 160,000 - KRW 31,80,000) and damages for delay.

3. On January 24, 2017, the plaintiff prepared and delivered a written agreement stating that "I will submit a written agreement on the payment of the remainder of the construction cost, and will not be held a civil or criminal liability between both parties, because I will receive a direct payment from the owner of the building in the course of performing the steel construction of the D neighborhood living facilities among the construction of the D neighborhood living facilities, and will complete the construction cost." According to the above facts, I think that I renounced the plaintiff's right to claim the remainder of the construction cost of this case in accordance with the above agreement.

As to this, the plaintiff asserts that the above agreement (No. B. 1) was forged, but the plaintiff's name is next to that of the plaintiff.

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