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(영문) 서울서부지방법원 2015.06.12 2014가단1242
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

(a)The amount of 50 million won less than the above 50 million Won will be obtained from the owner of the building and shall be treated as being repaid to Eul after one month after the transfer to the owner of the building, and Eul will substitute for Byung with a loan certificate, etc. for 50 million won.

A shall not be involved in and interference with them.

However, after the completion of this transfer note, Byung may not claim against Eul the construction contract amount, etc. (as approximately KRW 83 million) received by Eul (as a result, approximately KRW 83 million), and Gap may not also claim against Eul.

(D) On September 6, 2013, four persons, including the Defendant’s agent H, C, and F’s agent I, and the Plaintiff, will not raise any objection against the content of this transfer. In preparing this transfer note, the construction contract between “A” and “B” and “A” and “B” shall be mutually terminated, and both “B” and “B” shall not raise any objection to the said site, and shall not be subject to civil and criminal liability after not raising any lawsuit against “B” and “B” shall take precedence over all contracts and agreements between B and C. In relation to the instant construction project (hereinafter “the instant construction agreement”).

E. On October 18, 2013, the Plaintiff: (a) prepared by C on October 18, 2013, stating that “F will pay to the Plaintiff the amount of KRW 20 million, out of KRW 50,000,000,000, to which F would pay to the Plaintiff by November 15, 2013 on behalf of F, from among the parties involved in the construction work division stipulated in the instant construction site agreement between C and F, within 30 days after the completion of construction work between C and the other party involved in the construction work; and (b) received a written rejection of construction payment confirmed by F’s agent and the Plaintiff from C.

After November 11, 2013, the Plaintiff’s KRW 5 million, and KRW 4 million on March 10, 2014, respectively.

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