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(영문) 창원지방법원 2018.07.05 2017나55951

공사대금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) The Plaintiff Company C (hereinafter “C”)

(2) On July 30, 2004, by filing a lawsuit seeking the payment of loans, etc. with the Changwon District Court (C and D) and D, the said court rendered a judgment on July 30, 2004 that “C and D jointly and severally received 5% interest per annum from October 25, 2003 to July 30, 2004, and 20% interest per annum from the next day to the day of full payment,” and the said judgment became final and conclusive around that time. (2) The Plaintiff filed a lawsuit with the Changwon District Court (C & D) to extend the extinctive prescription of claims based on the said final judgment, and was sentenced to a full favorable judgment on December 12, 2014, and the said judgment became final and conclusive as is.

B. Insolvent C was dissolved pursuant to Article 520-2(1) of the Commercial Act on December 27, 2006, and the liquidation was completed on December 4, 2009, and is currently insolvent.

C. The defendant's project implementation authorization and contract conclusion 1) The defendant is the implementer of the land readjustment project for Edong E-dong land in Chungcheongnamyang-si, which was closed on February 22, 199 by the Special Self-Governing Province on July 1, 200 pursuant to Act No. 6252 of Jan. 28, 200, but Article 2 of the Addenda of this Act provides that with respect to the land readjustment project under Article 2 (1) 1 (c) of the former Urban Planning Act determined by urban planning pursuant to Article 12 of the Urban Planning Act at the time this Act enters into force, the land consolidation project shall be implemented in accordance with the former Land Readjustment Project Act. The project purpose is to improve the efficiency of land, to solve housing disasters and to secure public facilities: the land consolidation project name (hereinafter "the project of this case").

C) The above franchis: E-dong business area: 143,179 square meters.