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(영문) 서울중앙지방법원 2018.12.05 2017가합535267

손해배상(건)

Text

1. The plaintiffs' lawsuits against the Hocom Construction Industry, Co., Ltd., the lawsuits against the defendant Hocom Co., Ltd.

Reasons

1. Facts of recognition;

A. On July 28, 2006, the Plaintiffs constituted a joint contractor and entered into a contract with the Busan Regional Land Management Office for the supply of and demand for the National Highway Construction Project (hereinafter “instant construction”) from the total construction cost of KRW 176,766,392,00, and from July 31, 2006 to May 27, 2007 (hereinafter “instant contract”). Around December 2008, the Plaintiffs completed the P1 and P2 of the instant construction project (hereinafter “instant intersection”).

B. On December 208, Ulsan Construction Co., Ltd. (hereinafter “Tuld Construction”) entered into a contract with the Korea Highway Corporation for the supply of and demand for the construction works “the 162,493,673,00 won for the 162,493,673,00 construction period, and the period of construction from December 2, 2008 to December 12, 2014.”

C. After the commencement of the rehabilitation procedure on October 22, 2014 with respect to Ulsan Construction (Seoul Central District Court 2014 Gohap175), the construction mutual aid association that entered into a performance bond contract with the Ulsan Construction Co., Ltd. (hereinafter “Defendant Grand Construction”) was selected as a guarantee implementation company for the remaining implementation of the national highway construction of this case.

Accordingly, Defendant Daedo Construction succeeded to the construction of Ulsan on February 17, 2015, and entered into a contract with the Korea Highway Corporation for the alteration of construction period from December 12, 2014 to June 16, 2015 with regard to the seven-party national highways among the instant national highways, and entered into a contract with the Korea Highway Corporation for the alteration of construction period from December 12, 2014 to June 23, 2015.

6. completed 16. D.

Ulsan Construction was mutually changed to the Hoban industry Co., Ltd. on April 20, 2017, and the same year.

8. 30. A merger with Hoban Construction Industry Co., Ltd.

(hereinafter referred to as the “Defendant Ho-Construction Industry” in combination with a trade name change and a merger). [Grounds for recognition] There is no dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 4, and B.