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(영문) 의정부지방법원고양지원 2015.10.14 2014가단70835
합의금 이행청구
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 30,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from December 20, 2014 to October 14, 2015.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Gangdong-gu Seoul Metropolitan Government Construction Work for the Construction of the Ground Office C Office (hereinafter “C”) and the Seocho-gu Seoul Seocho-gu Seoul Seocho-gu Construction Work for the Construction of the House Office E on Land (hereinafter “D”) were subcontracted from B, and the above construction work was waived on June 201.

B. After that, around July 8, 2011, the Defendant subcontracted the remaining construction works among the above C and D construction works from B, and resumed construction works from around August 201, 201.

C. The Plaintiff entered into a contract on temporary construction for the lease of permanent construction materials at the sites of Jinsung and C and D, and leased the permanent construction materials. However, around June 201, the Plaintiff settled all the rent for the Jinsung and its remainder at KRW 62,804,527, and the lease contract was explicitly terminated.

【Ground of recognition】 The fact that there has been no dispute, Gap 2, 7, 8, Eul 8, the purport of the whole pleadings and arguments

2. Determination on the main claim

A. The Plaintiff asserted that the Defendant and the Defendant agreed to pay KRW 105,00,000 for temporary materials (excluding value-added tax) to the Plaintiff. Since the Plaintiff received KRW 45 million through B, the Plaintiff sought payment of KRW 75,50,050 for the remainder of temporary materials (=15,500,000 - KRW 45,000).

B. (1) In full view of the facts without dispute, Gap evidence Nos. 2 through 6, Eul evidence Nos. 5, and the purport of the whole pleadings, the plaintiff entered into a new lease agreement with the defendant for construction temporary materials, and finally, on February 17, 2012, the defendant and the defendant agreed to pay the plaintiff KRW 45 million for temporary materials at C construction site and KRW 30 million for D construction site, and the plaintiff received KRW 45 million for temporary materials at C construction site through B on April 27, 2012.

(2) Meanwhile, according to the statement in Gap evidence No. 1, the plaintiff and the defendant on December 20, 201.

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