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(영문) 광주고등법원 2016.06.17 2015나13590

손해배상(기)

Text

1. Of the judgment of the first instance court, the part against the defendant Ko Jong Construction Co., Ltd. ordering payment exceeding the following amount.

Reasons

1. Basic facts

A. 1) The Korea National Housing Corporation is a party to the dispute. The Korea National Housing Corporation is a party to the dispute, 5 or 274 households, Dong-dong 274 (hereinafter “subject apartment complex”).

(1) On October 1, 2009, the Plaintiff was a seller newly built and sold, and the Plaintiff comprehensively succeeded to the property, claims, debts, and other rights and obligations of the Korea National Housing Corporation (hereinafter referred to as the “Plaintiff”) as a public corporation established following the merger between the Korea National Housing Corporation and the Korea Land Corporation (hereinafter referred to as the “Korea National Housing Corporation”).

(2) Defendant Godo Construction Co., Ltd. (hereinafter “Defendant Godo Construction”) and Songdo Comprehensive Construction Co., Ltd. (hereinafter “Song village Construction”) constitute a joint supply and demand organization and was awarded a contract for construction, machinery, civil engineering, fire-fighting, and sewage from among the new construction works of apartment units.

On the other hand, the Songdo Construction was ordered to commence rehabilitation procedures by the Gwangju District Court 2009 Ma13 on May 6, 2009, and on May 6, 2009, the Gwangju District Court 2009 Mahap15 decided to commence rehabilitation procedures on December 25, 2009, and on December 25, 2009, the Samdo Construction Co., Ltd, which was ordered to decide to commence rehabilitation procedures on November 25, 2009, approved a revised rehabilitation plan to merge the construction of Songdo. After completing the merger registration on December 3, 2013, the rehabilitation procedure is in progress as of December 3, 2013, and A is appointed as a manager.

(3) The Namyang Construction Co., Ltd. received a contract from the Plaintiff for landscaping among new apartment construction works at issue. The Namyang Construction Co., Ltd. received a decision to commence rehabilitation procedures on April 30, 2010 by Gwangju District Court Decision 2010 Ma27, Dec. 27, 2010, and the rehabilitation procedure is still in progress, and B and C are appointed as joint managers of Samyang Construction Co., Ltd. (hereinafter referred to as “the decision to commence rehabilitation procedures”).