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(영문) 광주고등법원 2016.04.22 2015나1177
약정서무효확인
Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that has been awarded a subcontract for interim treatment (hereinafter “instant construction”) among C-Pollutants purification projects (two years tea) conducted by the Korea Marine Environment Management Corporation and the Air Quality Corporation (hereinafter “Air Environment”). The Defendant is the owner of the barge D used for the instant construction (hereinafter “instant vessel”).

B. On June 17, 2013, the Plaintiff prepared an interim treatment line equipment lease agreement with the Defendant, setting the lease amount of KRW 753,786,00 (the lease amount was changed to KRW 578,226,00) from June 17, 2013 to March 31, 2014.

C. On June 25, 2013, the Plaintiff entered into a contract with the content that the instant construction was subcontracted with the construction period from June 25, 2013 to March 31, 2014 (the construction amount was reduced to KRW 1,790,195,00 (the amount was reduced to KRW 1,430,08,00) from the air environment, and used the instant construction by using the instant vessel.

On December 27, 2013, the Defendant notified the Plaintiff to the head of the air environment and C site site office from December 30, 2013 that the instant vessel would be completed at the construction site of this case, on the ground that the Plaintiff failed to receive progress payment for the interim treatment line.

E. On December 30, 2013, the Plaintiff, in consultation with the Defendant, demanded the Defendant to withdraw the notification of the removal of equipment in the air environment. On the same day, the Plaintiff filed a claim for the progress payment of KRW 375,510,000 with the air environment on the same day.

F. On December 31, 2013, the Plaintiff and the Defendant drafted a “agreement” (hereinafter “instant agreement”) with the following content as a result of the said agreement.

The construction project ordered by the maritime Environmental Management Corporation shall be awarded in the atmosphere and implemented within 30 days after the completion of the construction project, which is implemented by the A in charge of the settlement of disputes.

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