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(영문) 서울중앙지방법원 2018.09.12 2017가합538631

공사대금

Text

1. The Defendant’s KRW 1,250 as well as to the Plaintiff’s KRW 5% per annum from June 24, 2017 to September 12, 2018.

Reasons

Basic Facts

On March 22, 2017, B Co., Ltd. (hereinafter “B”) filed an application for rehabilitation under Article 34(1) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) with the Seoul Rehabilitation Court 2017 Gohap10058, which was decided to commence rehabilitation proceedings on April 11, 2017; B’s representative director was appointed as a custodian; the reporting period of rehabilitation claims was from April 26, 2017 to May 10, 2017; the reporting period of rehabilitation claims was from May 11, 2017 to May 24, 2017; and the reporting period of rehabilitation plans was determined from May 111, 2017 to May 24, 2017 to July 12, 2017.

After the rehabilitation procedure (hereinafter “instant rehabilitation procedure”), B’s rehabilitation plan was rejected on November 1, 2017 at the assembly of related persons for resolution of the rehabilitation plan, without obtaining consent meeting meeting requirements for resolution under Article 237 of the Debtor Rehabilitation Act. B was subject to a decision to discontinue the rehabilitation procedure from the Seoul Rehabilitation Court pursuant to Article 286(1)2 of the Debtor Rehabilitation Act on November 2, 2017, and was declared bankrupt on November 17, 2017. On the same day, the Defendant was appointed as the bankruptcy trustee and the bankruptcy procedure (hereinafter “instant bankruptcy procedure”).

The Plaintiff and B entered into a contract to subcontract E construction-related subcontractings, such as the conclusion of the construction contract between the Plaintiff and B, and the Plaintiff and B entered into a contract with the Plaintiff to subcontract the construction portion of the E metal board construction among the “EM roof/AL wall,” which was ordered by B from F (hereinafter “instant Incheon Corporation”), to the Plaintiff at KRW 1,227,60,000 (including value-added tax), and the construction period was from June 10, 2016 to March 30, 2017, and the wages were paid directly.

B filed an application for rehabilitation on March 22, 2017, the Plaintiff suspended the construction on March 25, 2017.

B This case, including the Plaintiff, around March 31, 2017.