부당이득반환 등 청구의 소
1. The Defendant shall pay to the Plaintiff KRW 240,130,000 and the interest rate of KRW 15% per annum from December 1, 2015 to the date of full payment.
Basic Facts
On August 1, 2012, the status A Co., Ltd.: (a) applied for commencement of rehabilitation procedures on August 9, 2012 by the court 2012 integrated141 and rendered a decision on commencement of rehabilitation procedures on August 1, 2012; (b) the representative director B deemed the custodian pursuant to Article 74(4) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Bankruptcy Act”); and (c) on February 4, 2016, the said rehabilitation procedure was completed and the Plaintiff took over the instant lawsuit.
(C) On October 7, 2014, a company established for the purpose of business, such as civil engineering and construction work, applied for commencement of rehabilitation procedures on October 22, 2014 and decided to commence rehabilitation procedures on October 22, 2014, E and D, a joint manager, were appointed respectively, and a decision was rendered on July 1, 2015 to authorize the rehabilitation plan on July 1, 2015.
(A) The rehabilitation procedure is referred to as the “instant rehabilitation procedure” and the rehabilitation procedure does not distinguish between the time and time after the decision on commencing the rehabilitation procedure in this case and is referred to as the “Defendant.” Specialized Construction Mutual Aid Association is a corporation established pursuant to the Framework Act on the Construction Industry for the purpose of improving the economic status of its members engaging in the construction business and for the sound development of the construction business.
F Co., Ltd. applied for commencement of rehabilitation procedures on July 2, 2014 by Daegu District Court No. 20112 on July 2, 2014 and rendered a decision to commence rehabilitation procedures on August 1, 2014.
(2) The Korea Highway Corporation established a joint supply and demand contract with the original Defendant and the Korea Highway Corporation for construction works (hereinafter “the joint supply and demand contract”) on December 2, 2009 and established a joint supply and demand contract around December 2009.