공사대금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 16, 2009, the Plaintiff concluded a contract for civil engineering works (hereinafter “instant contract”) among the construction works of a new complex facility in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant project”) with MetrobC Co., Ltd. (hereinafter “MetrobC”), which promoted the development project for complex facilities A’s ground (hereinafter “instant project”) and entered into a contract for construction cost of KRW 12.1 billion (including value-added tax).
B. According to the instant contract, the Plaintiff completed the construction of the foundation of the building, the installation of soil bags, the reinforcement of the ground, etc., and performed the excavation construction. However, as the instant project was discontinued on October 2009, the civil engineering work performed by the Plaintiff was also suspended.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings
2. The plaintiff's assertion
A. The progress rate of the civil works performed by the Plaintiff until the time the project in this case was interrupted is 4.5%, and the amount of the completed construction works is 5.54 billion won. The Plaintiff received only KRW 4.778 billion among them, and the remainder of KRW 1.467 billion (=546.2 billion - 4.4 billion - 4.78 billion).
B. However, as Busan Savings Bank (formerly, Busan Mutual Savings Bank Co., Ltd., Ltd.; hereinafter “BF”) takes over on October 26, 2007 all the instant business operation rights and all all all the comprehensive rights accompanying such rights, the trustee in bankruptcy of Busan Savings Bank (hereinafter “Defendant Corporation”) is obligated to pay the remainder of the construction cost and the damages for delay to the Plaintiff.
Even if the Busan Savings Bank did not acquire all the rights to carry out the project of this case and all all the comprehensive rights accompanying it.
Even if the M&C, the business entity of the instant case, is the Busan Savings Bank.