(영문) 대전지방법원 2015.12.08 2015나1008 | 리걸엔진

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(영문) 대전지방법원 2015.12.08 2015나1008

공사대금

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1. Revocation of a judgment of the first instance;

2. The defendant's 37,450,000 won and each of the above 37,450 won against the plaintiff (appointed party) and the appointed party C.

Reasons

1. Basic facts

A. On December 15, 201, the Defendant obtained permission for conversion of a site for the purpose of operating the agricultural machinery repair shop, etc. with respect to the instant land outside Seocheon-gun, Chungcheongnam-gun, and three lots (hereinafter “the instant forest”). On December 15, 201, the Defendant concluded a contract for public works with respect to the instant forest by setting the construction cost of KRW 137,000,000 and the construction period of the instant forest land from December 15, 2011 to March 30, 2012 (hereinafter “the instant construction contract”).

B. On April 2, 2012, the Defendant changed the instant construction contract to the effect that the construction cost is increased to KRW 294,000,000 (only in the case of KRW 35,000,000 for equipment costs) between the Plaintiff and the Plaintiff who represented the Selection C, and that the construction period is extended to May 15, 2012.

C. On November 15, 2012, the Defendant drafted a written agreement with the Plaintiff and the Appointor C (hereinafter “Plaintiff, etc.”) as follows (hereinafter “instant agreement”).

C. The sound C, A, and each letter have filed a lawsuit against B with the construction cost of No. 2012 A, 1327, case number red support, but the lawsuit shall be withdrawn.

B, the respondent, agrees to the withdrawal of the action.

However, the litigant seems to refer the plaintiff and C.

(See Eul evidence 4 and letter of demand for the implementation of the Agreement). In lieu of the withdrawal of this action, B put up soil until May 30, 2013.

When installing soil, the amount of KRW 74,900,000 for the work performed until May 30, 2013 shall be paid to the litigant.

If soil is cut off, 86,400,000 won shall be paid for the balance of the work after completion as agreed.

C Around August 13, 2012, filed a lawsuit against the Defendant for the claim for construction price under the Hongsung Branch of the Daejeon District Court 2012Gahap1327, but withdrawn the said lawsuit on November 15, 2012 in accordance with the content of the instant agreement.

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 3, 8, 9.

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