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(영문) 의정부지방법원고양지원 2016.09.01 2015가단31394
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 38,50,000 and the interest rate of KRW 15% per annum from November 12, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. From March 201, the Plaintiff received orders from the Defendant to complete construction work, such as C building D, E, Fdong removal, civil engineering, equipment cost, etc.

B. On November 17, 2014, the Plaintiff and the Defendant drafted a “written confirmation of the completion of the construction cost” with the purport that the Defendant, instead of paying the Plaintiff the said construction cost of KRW 38,500,000 to the Plaintiff, shall transfer the right of retention to the Plaintiff under G (hereinafter “instant building”) and shall not raise any objection to the construction cost even if any of the following events occurs.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1, the purport of the whole pleadings

2. As to the plaintiff's claim for the determination of the principal safety defense of the defendant, the defendant set up a written confirmation of the payment of the above construction cost and agreed to bring an action against the payment of the construction cost, and thus, the lawsuit of this case shall be dismissed. Accordingly, the plaintiff asserts that the above written action is revoked since the above written agreement was made by the defendant's deception.

Comprehensively taking account of the overall purport of the arguments as indicated in the evidence Nos. 4 through 8, the Defendant reported the right to retention of the instant building on February 7, 2014 in the instant case of H real estate auction at H real estate auction at this court, and applied for the withdrawal of the right to retention on August 26, 2014. The Defendant reported the right to retention of the instant building again to the instant court on October 16, 2014, and made the said agreement with the Plaintiff. The Plaintiff asserted the right to retention of the instant building in the instant case of H real estate auction at H real estate auction at this court. However, it can be acknowledged that the Defendant received an order to deliver the instant building from the successful bidder on September 24, 2015 on the ground that “the Defendant withdrawn the right to retention with the possession of the instant building on September 24, 2015.”

Then, the defendant himself.

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