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(영문) 부산고등법원 2019.10.31 2018나51112

설계용역비

Text

1. The Plaintiff’s rehabilitation claim against the Defendant is KRW 73,700,000 upon a claim for a change in exchange at this court.

Reasons

1. The reasoning for this part of the basic facts is as follows, except for the cases where the court finds or adds to this part of the reasoning, and thus, it is identical to the corresponding part of the judgment of the first instance.

During the second half of the judgment of the first instance, “Defendant” shall be deemed to be “B Co., Ltd. (the Changwon District Court rendered a decision on July 31, 2018 with respect to B Co., Ltd. on the continuation of the lawsuit in this case by the Changwon District Court Decision 2018 Gohap10037, which was the representative director of the Defendant at the time of the appointment of the receiver, and the rehabilitation procedure was completed on April 19, 2019; hereinafter “Defendant,” regardless of whether before or after the commencement and termination of the rehabilitation procedure.

6th to 18th of the first instance judgment are as follows.

2) Meanwhile, around October 24, 2014, D revealed the Defendant’s intent to withdraw from the instant project and requested the Defendant to change the constituent members of the Defendant’s joint project, and the Defendant’s joint project notified D that “a decision to approve withdrawal by convening an operating committee is made” around October 29, 2014.

F around November 3, 2014, around November 3, 2014, the Defendant Joint Project expressed its intention to withdraw the instant project, and G notified the Defendant of its intention to withdraw the instant project on or around December 16, 2014.

On April 2, 2015, the Defendant Joint Business Entity notified C University of the change to the Defendant, M Co., Ltd., G, and F to the Defendant, N Co., Ltd., N Co., Ltd., and C University approved the change on May 13, 2015.

(j) On July 31, 2018, when the instant lawsuit is pending, the following was added to the 7th judgment of the first instance court. On July 31, 2018, when the instant lawsuit was pending, the Changwon District Court 2018 Gohap10037 against the Defendant, and the Plaintiff reported the principal amount of the instant design service cost claim amounting to KRW 233,950,000 as rehabilitation claims, but the Defendant raised an objection against the said claim on the ground that the lawsuit is pending.

(b).