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(영문) 청주지방법원 2020.02.06 2018가합4373

공사대금

Text

1. The defendant,

A. Plaintiff A Co., Ltd.: KRW 36,705,972 and its therefrom from August 27, 2019 to February 6, 2020.

Reasons

1. Facts of recognition;

A. On October 12, 2016, Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) and C Co., Ltd. (hereinafter “debtor”) entered into a subcontract between Plaintiff A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and the debtor Co., Ltd. (hereinafter “Defendant Co., Ltd”) with respect to the construction cost of the first minute of the “construction cost for the E Industrial Waterworks Facilities” (including additional tax) ordered by the Cheongju-si Urban Development Project Association to the Plaintiff on October 12, 2016, the said construction cost shall be changed to KRW 674,912,000 for the construction cost of the first minute of the “construction cost for the E Industrial Waterworks Facilities” (including the “construction cost for the E Industrial Waterworks Facilities”). On August 2, 2016, the date of commencement, the date of completion, as of December 29, 2016, the debtor Co., Ltd. set the said construction cost of the construction cost of the Plaintiff on April 6, 2017.

(hereinafter referred to as the “instant water supply and sewerage construction” in total, including the parts of the first and second parts. (b)

Plaintiff

B A subcontract is entered into between the Plaintiff Company (hereinafter “Plaintiff B”) and the debtor Company (hereinafter “Plaintiff”) on October 12, 2016. Meanwhile, the debtor Company subcontracted the said two-minutes of reinforced concrete construction to the Plaintiff on April 6, 2017 by setting the construction cost of KRW 616,40,00 (including additional tax) and then on August 2, 2016. < Amended by Presidential Decree No. 27468, Aug. 2, 2016; Presidential Decree No. 27479, Dec. 29, 2016; Presidential Decree No. 27900, Apr. 6, 2017; Presidential Decree No. 27992, Apr. 6, 2017; Presidential Decree No. 28075, Apr. 6, 2017; Presidential Decree No. 28070, Apr. 23, 2018>

(hereinafter referred to as the “instant reinforced concrete construction” in total, including the first and second parts, and the instant waterworks and sewerage construction and the instant reinforced concrete construction, collectively, shall be deemed to be the “each of the instant construction”).

After the conclusion of each contract for construction of this case, the debtor company was appointed as the administrator according to the rehabilitation plan approval order.

The Plaintiffs discontinued each of the instant construction works around January 2018, and thereafter, the debtor company, the original contractor, performed each of the instant construction works on or around April 13, 2018.