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(영문) 서울남부지방법원 2019.01.31 2017가합828
공사대금
Text

1. The part of the principal lawsuit of this case which exceeds 7,400,000 won and damages for delay shall be dismissed.

2...

Reasons

1. Basic facts

A. The plaintiff entered into two "the construction work participation agreement" with the plaintiff to carry out remaining soil treatment works as follows.

In accordance with the foregoing agreement, the Plaintiff performed a construction project for the disposal of residuess from March to September, 2016, and from April to December, 2016 at the same coal site.

On March 1, 2016, the contract price for the temporary construction period (source) of the construction project (hereinafter referred to as “luminous field”) shall be the routing of the ground, routing, and remaining soil during the new construction project.

From March 1 to August 2016, 2016 to August 31, 2016, hereinafter referred to as "dong coal site") among the construction works of Hosung Dong-dong D in 2000, hereinafter referred to as "dong coal site").

From April 10, 2016 to August 30, 2018, 2,157,887,887,300,887,887,887,800, 10,000 on the spot of 2,598,000 on the spot of 2,598,000 on the spot of 2,387,232,400,134,000 on the aggregate of 14,00,000 on the spot of 2,598,00 on the spot of 2,387,232,400,000 on the spot of 14,00,000

B. On January 25, 2017, the Defendant concluded an agreement on the settlement of accounts by increasing the existing construction cost as follows.

(Non-value-added tax is not included in the amount of agreement; hereinafter “instant settlement agreement”). The phrase “written promise of settlement” attached to the agreement states that “this agreement shall be signed and sealed as evidence after promising, for any reason thereafter, not to file a civil or criminal lawsuit or objection.”

Temporary amount (cost) 11,000,000 on January 25, 2017, 200 on a luminous field 110,000,000 on a luminous field, and 151,000,000 on a total of March 24, 2017 on a luminous field;

C. Under the instant settlement agreement, the Defendant paid the Plaintiff KRW 151,00,000 in total as follows.

[Reasons for Recognition] Facts without dispute, Gap evidence 3, 4, Eul evidence 1 to 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. 5,316,029,107 won (= 2,399,641,500 won on broad field field) is to be paid by the Defendant in relation to the Plaintiff’s alleged construction work.

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