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(영문) 대전지방법원 2017.06.15 2015가합1936
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Around July 2012, the Defendant (hereinafter “instant construction company”) entered into a contract between the Plaintiff and Sejong Special Self-Governing City with respect to the construction of urban residential housing (hereinafter “instant construction”) on the land A and B of Sejong Special Self-Governing City with respect to the construction cost of KRW 2.19 billion (hereinafter “instant contract”).

The Defendant continued construction work according to the instant contract, but failed to receive the construction cost from the Plaintiff, and thus suspended construction work around May 2013.

On August 8, 2013, the Defendant prepared and issued to the Plaintiff a written confirmation (hereinafter “instant confirmation”) with respect to the instant contract as follows:

Contract amount: Amount of contract as of October 2, 2013: Amount of KRW 1140 million received for construction cost: Amount of KRW 740 million: Amount of remaining KRW 400 million: The Plaintiff and the Defendant: (a) as of October 2, 2013 between the Plaintiff and the Defendant, “the completion of the responsibility and the waiver of the right of retention” with the following contents: Although the process of the construction site was suspended as of October 2, 2013; (b) the Plaintiff paid KRW 50 million in cash to the Defendant (the Defendant in this case); (c) at the time of the implementation company (the Plaintiff in this case), the Plaintiff would not be responsible for the completion of the construction site; and (d) would not pay the Defendant the unpaid amount of KRW 300,000,000,000,000 in addition to the written confirmation that the Plaintiff would pay the unpaid amount of KRW 30,000,000 to the Defendant on March 1, 2013.

On December 10, 2013 between the Plaintiff and the Defendant, the notarial deeds (hereinafter referred to as “notarial deeds”) was prepared as follows:

On November 4, 2013, the Plaintiff recognizes that there is a debt amount of KRW 580,000 as of November 4, 2013.

The repayment of the debt was made on December 16, 2013.

The defendant is against the plaintiff.

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