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(영문) 의정부지방법원 2015.01.27 2013구합1558

부정당업자제재처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 29, 2012, the Plaintiff is the representative director of the above company deemed as a custodian pursuant to Article 74(4) of the Debtor Rehabilitation and Bankruptcy Act in the rehabilitation procedure commenced by the Seoul Central District Court 2012 Gohap228 with respect to A corporation on November 29, 2012 (hereinafter “Plaintiff”). Unless it is necessary to separate it, A corporation is also called “Plaintiff”.

(2) On June 8, 2009, the Defendant made a public announcement of the estimated construction amount of KRW 12,062,590,00 (including value-added tax (including value-added tax) for a long-term continuing construction project (a total construction amount determined by a successful bid, etc.) and KRW 3,258,960,00 for each construction project (hereinafter “instant construction project”) to be implemented within the scope of the budget for the pertinent year (hereinafter “instant construction project”) and the construction period of KRW 24 months from the date of commencement (12 months from the date of commencement of the first construction project). The first project amount is determined as KRW 5,653,790,00 for each construction project (including the contract amount of KRW 4,263,710,00 for each construction project).

3) The Plaintiff is only one-young Co., Ltd. (hereinafter “one-young”).

The representative between the plaintiff and the plaintiff, the share of shares shall be 71%, plaintiff 71%, and 29%, and the joint performance method (which shall be jointly and severally responsible for the performance of contractual obligations) shall be the joint performance method. The representative shall participate in the above tender and was selected as the successful bidder (hereinafter referred to as "the joint performance method in this case where the plaintiff and the new project owner are collectively referred to as "the plaintiff and the new project owner"

(4) On June 24, 2009 between the Defendant and the joint supply and purchase company of this case, the contract amount of KRW 3,633,832,00 for the first part of the instant construction works, and the date of completion shall be June 23, 2010 ( June 24, 2009). The contract amount for the construction work of the first part of the instant construction works shall be KRW 3,651,160,000 for the second part of the instant construction works, and the contract amount shall be KRW 3,651,160,000 for the second part of the instant construction works.