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(영문) 서울중앙지방법원 2018.01.30 2015가단5318336
청구이의
Text

1. The plaintiff's claim is dismissed.

2. As to the case of application for the suspension of compulsory execution by this Court 2015 Chicago30371, Sep. 2015

Reasons

1. Basic facts

A. On September 27, 2010, the Plaintiff entered into a contract under which C Co., Ltd. (hereinafter “Nonindicted Company”) and the Plaintiff supplied the instant apartment (hereinafter “instant apartment”) with construction materials equivalent to KRW 1,968,182,849 (excluding value-added tax) at the construction site of Pyeongtaek-si D apartment (hereinafter “instant apartment”).

(hereinafter referred to as the “instant PC material”). B. The PC material supplied by the non-party company to the Plaintiff under the instant supply contract.

The non-party company transferred the above remaining claim to the defendant under the condition that the material price of KRW 59,802,00 under the supply contract of this case remains.

C. The Defendant filed a lawsuit seeking the payment of the above amount as Seoul Central District Court 201Kadan427985. On April 20, 2012, the said court rendered a ruling of recommending reconciliation (hereinafter “the instant ruling of recommending reconciliation”) with the following contents as of April 20, 2012, and the instant ruling of recommending reconciliation became final and conclusive as is.

Matters to be decided.

1. The plaintiff is the plaintiff of this case and the defendant of this case.

upon arrival of July 1, 2015, gold 59,802,00 won shall be paid until July 15, 2015, but it refers to the PC materials of this case as indicated in the attached list.

If there is a defect in Eul by June 30, 2015, the defendant shall pay to the plaintiff only the amount calculated by deducting the cost of defect repair from the above 59,802,000 won.

The cost of defect repair shall be the average amount calculated by the appraisal (the cost of appraisal) of multiple appraisal agencies commissioned by the plaintiff and the defendant, where the defendant and the plaintiff agree on the basis of the cost of defect repair of the plaintiff and the plaintiff, and where no agreement is reached.

2. The plaintiff and the defendant confirm that there are no claims and obligations against each other except as provided in paragraph 1.

3. The defendant shall waive the remaining claims.

The defendant on September 2015 based on the decision of recommending reconciliation in this case.

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