beta
(영문) 서울중앙지방법원 2016.10.28 2016가합1927

구상금

Text

1. The Defendant shall pay to the Plaintiff KRW 390,762,016 and the interest rate of KRW 15% per annum from April 2, 2016 to the date of complete payment.

Reasons

Basic Facts

A Co., Ltd. (formerly: C Co., Ltd.) filed an application for commencement of rehabilitation procedures with the competent court 2013 Ma186 to a company established for the purpose of manufacturing cement, civil engineering and construction, etc., and filed an application for commencement of rehabilitation procedures on October 17, 2013. B was appointed as the administrator of the rehabilitation debtor A Co., Ltd. on April 20, 2015, and thereafter, on February 3, 2016, this court taken over the instant lawsuit by A, by deciding to terminate rehabilitation procedures.

(hereinafter “Plaintiff” without distinguishing between the commencement and termination of rehabilitation procedures. Meanwhile, the Plaintiff is a construction project of constructing multi-family housing (hereinafter “instant construction project”) in the Dongducheon-si Branch Action Day.

Around 2010, the Defendant (former: a limited liability company) was awarded a subcontract for the part of the structural construction of the instant building project (hereinafter “instant construction project”) from the Plaintiff to a company established for the purpose of a business, such as a reinforced concrete construction business (hereinafter “instant construction business”) for the construction cost (i.e., value of KRW 6,267,00,000 value-added tax of KRW 204,678,000), and the construction period from January 30, 201 to May 31, 2011. < Amended by Act No. 10335, May 31, 2010>

On August 5, 2011, the Defendant prepared and delivered a written waiver of the instant construction works, which includes the following details, as the management has deteriorated while the instant construction works were in progress.

(hereinafter referred to as “instant waiver”) 1. We (hereinafter referred to as the “Defendant”) concluded a subcontract with C (State) Construction (hereinafter referred to as “I”) but do not perform any of the contracts and constructions as follows, if we can no longer perform the contract due to our managerial reasons:

6,081,550, 387, 204, 678, 671, 678, 678, 678,00,00 20 6,550, 387 204, 678, 678, 286, 228, 387, 387 200 6,286,286, 387 1,449, 613 - 1,449, 613, 613.