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(영문) 대구지방법원상주지원 2020.09.15 2020가단17
공사대금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. On June 14, 2018, the Defendant was awarded a contract for construction of a newly built multi-household house, other than Chungcheong-gun E, and two multi-household houses, from Chungcheong-gun, Inc. (hereinafter “Nonindicted Company”).

On October 16, 2018, the Plaintiff was awarded a subcontract with the Defendant for shower and miscellaneous (including automatic text) construction among new construction works for multi-household housing.

B. On October 16, 2018, the Plaintiff, the Defendant, and the Nonparty Company agreed to pay the subcontract price directly to the Plaintiff.

C. On October 16, 2018, the Plaintiff prepared and delivered a written statement that he/she would not raise a civil or criminal objection to the payment for the construction work unpaid to the Defendant, and that the unpaid construction work will be directly received from the non-party company.

(hereinafter “each of the instant arguments”). 【No dispute exists, A1 through 4, B, 3, 4, 5, the purport of the entire pleadings.”

2. Where an agreement not to file a lawsuit even if a dispute arises with respect to a specific right or legal relationship that is determined (hereinafter referred to as “non-litigation agreement”), there is no benefit in the protection of rights, and the parties and persons involved in the litigation are contrary to the principle of trust and good faith that a lawsuit shall be filed in good faith (Article 1(2) of the Civil Procedure Act). Thus, where a lawsuit is filed in violation of the agreement on the non-instigation agreement, the court may ex officio determine

(2) As seen earlier, it is recognized that the Plaintiff prepared and delivered the instant note that the Defendant does not have any civil objection to the payment of the unpaid construction cost, as seen earlier, and the Plaintiff’s lawsuit filed against the Plaintiff is unlawful on the grounds that the Plaintiff fell under an agreement to bring an action against the Plaintiff, as it constitutes an agreement to bring an action against the Plaintiff, and thus, the Plaintiff’s interest in protection of rights is nonexistent.

3. The plaintiff's lawsuit of this case is dismissed as it is unlawful.

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