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(영문) 서울남부지방법원 2015.12.03 2014가합2366

전부금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Conclusion of each of the instant subcontracting agreements 1) The Defendant and EE X-construction (hereinafter “EE-construction”)

2) On July 18, 2012, a joint supply and demand company (Defendant shares 49% and e.g., e., e., EXE construction 51%) constituted a joint supply and demand company (Defendant shares 49% and e.g., e., e., e., e., g. adjacent to the Southern-si District) and subcontracted to the Defendant and EEX construction company (hereinafter referred to as “non-stec construction”) a contract amounting to KRW 15,757,50,00 for soil and sand, bridges, underground lanes, and tunnel construction (hereinafter referred to as “non-stec construction”) among the construction works adjacent to the Southern-si District.

(3) On March 20, 2013, the Defendant and EEX Construction subcontracted the instant subcontract agreement with the Defendant (hereinafter “instant subcontract agreement”). On March 20, 2013, the Gun also set the contract amount of KRW 2,862,854,50 during the construction of the roads adjacent to the Namyang-si District and the Gun roads expansion works as the contract amount of KRW 17 lines and 3 lines extension works (hereinafter “instant subcontract agreement”).

B. B. D. D. D. D. D. each of the instant subcontracts was closed on September 12, 2013 after the Non-payment was made on May 31, 2014.

2) Meanwhile, on May 8, 2013, EEX Construction was under rehabilitation proceedings upon receipt of a decision to commence rehabilitation proceedings (Seoul Central District Court 2013 Gohap85), and EEX Construction’s custodian rescinded the subcontract of this case 1 and 2 on September 13, 2013. 3) Defendant also rescinded the subcontract of this case on October 14, 2013 on the grounds that the Non-FC construction was defaulted.

C. The Defendant’s payment of each subcontract price and its remainder 1) The Defendant received a claim for the portion equivalent to the Defendant’s share (49%) out of the prepaid subcontract price from Non-Cr Construction from July 31, 2012 to August 31, 2013, and most of them were paid, but the amount was KRW 197,470,000 on the tax invoice of August 31, 2013 (the instant first subcontract).