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(영문) 서울중앙지방법원 2016.08.31 2015가합535560

공사대금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for 103,428,162 won and 6% per annum from June 12, 2015 to August 31, 2016.

Reasons

1. Basic facts

A. The organization of joint contractors and joint contractors and the conclusion of the contract between the two parties is 1) Gyeongnam Company Co., Ltd. (hereinafter “Seoul”) (hereinafter “Seoul”)

(2) The Defendants and the Korea Coast Guard (hereinafter “instant construction”) around July 19, 2013 and the Korea Coast Guard (hereinafter “Korea Coast Guard”).

2) As to the joint contractors (representative contractors: hereinafter referred to as "joint contractors of this case")

A. The percentage of investment is 70% of the Gyeongnam Enterprise and Defendant Promotion Enterprise Co., Ltd. (hereinafter referred to as the “Promotion Enterprise”).

2) 20% and Defendant Newjin Maintenance Construction Co., Ltd. (hereinafter “Newjin Maintenance Construction”).

2) On September 6, 2013, the Plaintiff entered into a contract for construction work with the Incheon Regional Maritime Affairs and Fisheries Office for the entire construction work of this case as a joint contractor of this case organized as above.

(2) Contract amount: 28,211,700,000 won (including value-added tax) for the contract period from September 13, 2013 to September 11, 2016.

B. On December 9, 2013, Gyeongnam-si and the Plaintiff’s subcontract agreement was concluded with the Plaintiff, Gyeongnam-si and Gyeongnam-si (hereinafter “instant construction”) among the entire construction works of this case between the Plaintiff and the Plaintiff

(2) From December 9, 2013 to September 11, 2016, the following subcontract was entered into: (i) the period of construction: (ii) the contract amount: KRW 5,685,900,000 (including value-added tax); (iii) the due date for payment: once a month; and (ii) the time for payment of the contract amount of the said subcontract to increase the contract amount to KRW 5,870,700,000 (including value-added tax) on December 10, 2014; and (iii) the Gyeonggi-do Enterprise and the Plaintiff entered into a modified contract (hereinafter collectively referred to as the “instant subcontract”).

C. On March 27, 2015, the Republic of Korea (Seoul Central District Court 2015 Ma10070) filed an application for rehabilitation procedures with respect to Gyeongnam Company (hereinafter “Seoul Central District Court”), and the said court on March 27, 2015.