공사대금 등
1. As to the Plaintiff’s KRW 26,520,00,000 and KRW 3,937,00,000 among them, Defendant D Co., Ltd. from March 13, 2009 to May 5.
1. Circumstances leading to the dispute of this case;
A. 1) Defendant D Co., Ltd. (the trade name at the time of entering into the instant contract was “Co. E,” but the trade name was changed as at the present time.
Defendant D, regardless of whether it was before or after the change in the trade name;
(1) The real estate listed in the separate sheet (hereinafter referred to as “instant real estate”).
The Gyeonggi-do Urban Planning Committee promoted a project to build a golf course. On May 21, 2007, the change of the specific use area of the instant real estate and the urban planning facility project (sports facilities, DCC; hereinafter “instant golf course”).
2) On November 21, 2007, Defendant D approved and publicly notified the implementation plan to be the concessionaire of the instant golf course.
3) On August 28, 2007, Defendant D entered into a loan agreement with Gwangju Bank, etc. to obtain a loan of the PF Fund with respect to the construction of the instant golf course, and entered into a revised agreement on November 29, 2007. Defendant A Co., Ltd (hereinafter “F Co., Ltd.”) at the time of entering into the instant contract.
Since then, it was declared bankrupt on August 7, 2014 through division, change of trade name and rehabilitation procedures.
The term "Plaintiff" in total below shall be referred to as "Plaintiff"
B) On December 21, 2007, the Plaintiff signed and sealed the instant loan agreement and the instant modified agreement as a guarantor for the performance of construction works and the assumption of obligation. (B) On December 21, 2007, the contract amount of the instant golf course construction works (hereinafter “instant construction works”) shall be KRW 105,60,000 (including value-added tax; hereinafter the same shall apply), the construction period shall be 24 months from the date of commencement of the work, and the interest rate for delay shall be 1/100 of the contract amount per day without delay.
(2) On May 9, 2008, the Plaintiff and Defendant D changed the contract amount to KRW 125,070,000 (hereinafter “instant contract”).
(3) The main text of the instant contract and the modified contract.