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(영문) 수원지방법원성남지원 2015.08.19 2011가합20146

공사대금

Text

1. The plaintiff's lawsuit taking over the defendant D Co., Ltd. is the receiver E of the rehabilitation debtor D Co., Ltd.

Reasons

1. Basic facts

A. On December 30, 2008, Defendant C Co., Ltd. (hereinafter “Defendant C”), D Co., Ltd. (hereinafter “D”), F Co., Ltd. (hereinafter “F”), and Special Construction Co., Ltd. (hereinafter “Special Construction Co., Ltd.”) entered into a contract for construction works with the said joint supply and demand organization to be awarded “H-Linked Road Construction Works in Yongsan-gu, Seoyang-gu, Busan Special Metropolitan City” from the said joint supply and demand organization.

Since then on September 8, 2010, the construction was withdrawn from the above joint supply and demand company.

B. 1) A Co., Ltd. (hereinafter “A”)

(1) On July 1, 2009, A entered into a subcontract with Defendant C, the representative of a joint contractor, with the contract amount of KRW 3,516,370,00 among the construction works of the said road from Defendant C to December 29, 201, with the contract amount of KRW 3,516,370,00 among the construction works of the said road from July 2, 2009, with the contract amount of KRW 3,393,50,000, with the contract amount of KRW 3,393,50,000 on February 5, 2010; the subcontract amount of KRW 5,567,980,000 on April 15, 201; the contract amount of KRW 6,408,270,000 on October 25, 201; and the subcontract period of KRW 300,709,70,000 on September 29, 2019

3) On April 15, 2010, A entered into a subcontract with Defendant C to accept a subcontract by setting the contract amount of KRW 1,131,570,000 among the above road construction works and the construction period from April 16, 201 to January 27, 201. (c) The progress of the construction works and the progress of the construction works are below each of the above subcontract agreements.