유체동산인도
1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) each movable property listed in the separate sheet Nos. 1 and 2.
2...
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Facts of recognition;
A. On February 20, 2017, A Co., Ltd. entered into a subcontract agreement with D Co., Ltd. (hereinafter “D”) with the following terms and conditions (hereinafter “instant subcontract agreement”) stipulating that the steel-frame (2) portion of the E urban environment rearrangement project (hereinafter “instant construction”) shall be KRW 5,069,340,700 of the construction cost, and the construction period shall be from February 20, 2017 to August 31, 2020, and the progress payment shall be paid within 60 days from the date of acquisition of the object once a month, and shall be paid within 60 days from the date of acquisition of the object:
The ownership of materials paid under Article 17 (Payment Materials, etc.) (2) of the General Conditions in the Standard Subcontract for Construction Works shall belong to the principal contractor (A Co., Ltd.), and shall not move materials brought into the construction site of the subcontractor (D) without the written consent of the supervisor.
Article 38 (Cancellation and Termination of Contracts): Where a principal contractor or subcontractor is deemed unable to perform this contract after receiving a disposition of suspension of transactions from a financial institution, the whole or part of the contract may be rescinded or terminated.
Paragraph (7) 3: To return the remaining materials, other than those used for the completed portion of the construction among the payment materials pursuant to Article 17, to the principal contractor without delay.
B. On July 5, 2017, D entered into a contract for the manufacture of steel frame (hereinafter “instant supply contract”) with the Defendant to re-subcontract the production of steel frame subcontracted by A, a corporation, as seen above, and D was finally insolvent on April 17, 2018 when the Defendant performed re-subcontract services.
Construction: Newly constructed construction of an urban environmental rearrangement project/construction period: The construction period from July 5, 2017 to July 30, 2018: 1,442,00,000 won supply price of KRW 1,586,20,000: No advance payment according to the determination of the origin of the original office:
C. A Co., Ltd. shall subcontract the instant case to D around April 19, 2018.