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(영문) 서울남부지방법원 2018.02.06 2016가단244013

공사대금

Text

1. The Plaintiff’s rehabilitation claim against A Co., Ltd. is KRW 81,084,750 and its amount from August 16, 2016.

Reasons

1. Basic facts

A. The Defendant Company contracted the Seo-gu Incheon Metropolitan City C Corporation (hereinafter “instant Corporation”) to the rehabilitation company.

B. On January 15, 2016, the rehabilitation company: (a) the construction cost of the entire instant construction to the Plaintiff is KRW 924,00,000 (including value-added tax, and down payment, within 15 days after the rehabilitation company received down payment from the Defendant company; and (b) the remainder is paid within 15 days after the rehabilitation company received the remainder from the Defendant company); and (c) the construction period for the

1.14. From 14. to the same year; and

6. up to 15.15. Each subcontract was made with a rate of 0.3% per annum for delay.

At this time, the “Standard Contract for Construction Works” was prepared between the rehabilitation company and the Plaintiff.

C. On April 25, 2016, the Plaintiff performed a reinforcement work. D.

On May 2016, the Plaintiff performed reinforcement work to prevent the early steel framed.

E. On June 20, 2016, Defendant Company confirmed that the instant construction was completed in accordance with the design drawings.

F. The Plaintiff did not receive KRW 96,545,250, out of the construction cost of this case as originally agreed upon by the rehabilitation company.

G. Around June 21, 2016, the Plaintiff, the rehabilitation company, and the third parties of the Defendant Company agreed to the amount of liquidated damages for delay resulting from the Plaintiff’s delay in the completion of construction at KRW 15,460,50.

H. Until July 2016, Defendant Company paid the instant construction price to the rehabilitation company in full.

(i) On May 8, 2017, a decision was made to commence rehabilitation procedures for a rehabilitation company on May 8, 2017, 10:30 Daegu District Court 2017 Ma110, which was decided to appoint B as a custodian of the rehabilitation company, and the inspection period for rehabilitation claims and rehabilitation security rights from June 13, 2017 to June 26, 201.

B Objecting to the Plaintiff’s claim against the Plaintiff’s rehabilitation company, and the Plaintiff

7. 21. B made a request that the rehabilitation company take over the proceedings of the rehabilitation company.

[Ground of Recognition] Unsatisfy, obvious facts in the record, Gap evidence 1-1, Gap evidence 2, Gap evidence 3-1, 2, and Gap.