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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff is a company that sells fire-fighting and piping materials, and the Defendant is a company that operates mechanical equipment construction business, etc.
From October 2015 to May 2016, the Plaintiff supplied fire-fighting materials and piping materials to the site of “Agribio Maz apartment construction works” (hereinafter “instant construction works”) under construction of machinery and equipment and machinery and fire-fighting works, and was not paid KRW 177,94,578 as of May 2016.
On June 21, 2016, the Plaintiff received a decision of provisional attachment on the Defendant’s claim for construction price against Young-gu Co., Ltd.
(Seoul Eastern District Court 2016Kadan1821). The Plaintiff received from the Defendant a promissory note issued by the Defendant that is the contractor of the instant construction project and withdrawn the application for provisional seizure of the said claim on July 4, 2016.
(B)After all, the registered housing becomes insolvent and the said Promissory Notes were refused to be paid on August 2, 2016.
피고는 이 사건 공사의 시행사인 재유인베스트먼트 주식회사와 부도어음금액 1,140,000,000원 중 300,000,000원을 감액하고 남은 금액을 공사대금으로 하여 재계약을 체졀하였다.
On September 21, 2016, the Plaintiff and the Defendant agreed to dispose of KRW 150,80,805,389 (including additional taxes) of the settlement amount for the supply of the materials of the instant construction (contract amount) at KRW 203,818,093 (including additional taxes), and agreed to settle the settlement amount at KRW 53,012,704, and the Plaintiff settled the settlement amount at KRW 53,012,704 without raising any objection, such as increase or decrease, additional settlement, etc. in the settlement of the said construction. In the settlement of the said construction, the Plaintiff settled the settlement amount with the settlement amount, without having raised any objection, such as a provisional attachment, seizure, and payment order, and made a settlement agreement to avoid any civil and criminal liability.
(hereinafter “this case’s settlement agreement”). Since then, the Plaintiff was paid KRW 150,805,389 for the settlement amount from the Reducing Investment Company, an executory company.