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(영문) 서울중앙지방법원 2015.12.18 2014가합575462

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 13, 2014, A Co., Ltd., including the rehabilitation procedure of A Co., Ltd., filed an application for commencement of the rehabilitation procedure with the Seoul Central District Court 2014hap9, and the said court was ordered to commence the rehabilitation procedure on February 7, 2014, and B, a representative director, was appointed as a custodian.

(C) On September 18, 2014, the court rendered a decision to authorize the rehabilitation plan to the Plaintiff.

B. Concluding each of the instant subcontracts, etc. (1) As to the “C Construction,” which was contracted by the Korea Highway Corporation, the Defendant: (a) concluded a contract for the goods sales of KRW 9,101,400,000 with the Plaintiff on April 18, 2012 regarding the “C Construction,” the “production and Transportation of Aggregates” among the “C Construction,” which was contracted by the Korea Highway Corporation; (b)

(2) The Defendant entered into a subcontract with the Plaintiff on May 21, 2012, the contract amount of KRW 38,156,800,000 between the Plaintiff and the contract period of KRW 38,156,80,000, and the contract period from May 21, 2012 to December 20, 2014 (hereinafter “instant contract for high-speed railroads in the Seoul metropolitan area”).

3) The Defendant, among the “E Corporation” contracted by the Korea Land and Housing Corporation, shall enter each of the following in the column of “construction name” (hereinafter above 1) and 2 “each of the instant construction works”.

[2] As to the Plaintiff, each of the following agreements was entered into between the Plaintiff and the Plaintiff (hereinafter collectively referred to as the “instant special contract,” and collectively referred to as the “each of the instant agreements” in Articles 1 and 2, respectively.

[2] On January 20, 201, 201, Section 1 and Section 6,536,200,000 for a site preparation project on the date of completion of the contract date for the original construction project (the original construction project) and January 20, 201; on May 3, 2013, 201, May 10, 201, 3,39,000,000 for soil and sand creation project (the second sale project) and on April 6, 2013; on April 22, 2013, the site creation project (civil works) was conducted on July 22, 2013; and on July 31, 2014;