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(영문) 대구지방법원서부지원 2016.03.10 2015가단3024
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 7, 2013, the Plaintiff entered into a construction contract with the Defendant, who is engaged in the construction business under the trade name “D”, with the content that the construction cost shall be KRW 75 million for the installation and remodeling of the five-story building located in Daegu-gu E (hereinafter “instant building”) owned by the Plaintiff, with respect to the construction work for the installation and remodeling of the five-story building (hereinafter “instant building”), and the construction period from January 7, 2013 to March 9, 2013.

(hereinafter “instant construction contract”). B.

On the other hand, on June 25, 2013, the Plaintiff filed a damages suit against the Defendant and the Defendant’s vice-F with the Daegu District Court Decision 2013Kadan17968.

In the above lawsuit, the Plaintiff asserted that the Defendant et al. were liable to compensate the Plaintiff for damages arising therefrom on the ground that the Plaintiff failed to comply with the construction period of the instant construction contract, the Plaintiff failed to pay the elevator work price to G, which is an elevator supplier, and the Defendant et al. claimed compensation for the damages incurred therefrom, on August 27, 2013. The Defendant et al. filed a counterclaim to seek payment for the payment of the remainder of the construction work, etc., even after completing the said construction work by the same court No. 2013rd270, Aug.

(hereinafter the above principal lawsuit and counterclaim together are referred to as “the previous lawsuit of this case”).

After that, on December 5, 2014, the following between the Plaintiff, Defendant, and F on the date of mediation of the previous lawsuit in the instant case:

1.(a)

Until December 24, 2014, the Defendants (hereinafter referred to as the Defendants and F) issue to the Plaintiff (Counterclaim Defendant) the key of G Elevator installed in the fifth floor building located in the Daegu-gu Eth, Daegu-gu, and attach an emergency call device, and take measures to ensure that the said elevator is operated upon completion inspection.

B. Upon completion of the above measure, the Plaintiff (Counterclaim Defendant) pays KRW 25,000,000 to the Defendant (Counterclaim Plaintiff) B.

C. If the Defendants fail to perform the above obligation despite the cooperation of the Plaintiff (Counterclaim Defendant), one hundred thousand won per day shall be jointly and severally liable for delay.

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