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(영문) 서울중앙지방법원 2015.11.27 2015가합14216

조사확정재판에 대한 이의

Text

1. The Seoul Central District Court shall authorize the final claim inspection judgment of 2012 P.C. 3557 dated April 23, 2015.

2...

Reasons

1. Basic facts

A. 1) The Plaintiff is a company with the purpose of the development and excavation business of groundwater, steel reinforced concrete construction business, bowling laing construction business. 2) The Defendant entered into an annual performance rate contract with the Plaintiff, and is a constructor participating in the drainage structure work (hereinafter “instant construction work”) among the Plaintiff’s road expansion work (two tools).

(A) Evidence 2. (b)

From June 1, 2011, the Defendant participated in and performed the instant construction among the C-Road Expansion Works (2 Sections) contracted by the Plaintiff, the principal contractor, Daewoo Construction Co., Ltd., and the Plaintiff suspended the said construction due to the commencement of rehabilitation procedures for the Plaintiff as follows, which led to a situation where the Defendant’s construction cost, etc. incurred on the said site should be reduced.

C. On August 23, 2012, the Plaintiff filed an application for commencing rehabilitation procedures with Seoul Central District Court 2012 Gohap153, and the said court rendered a decision of commencing rehabilitation procedures on September 13, 2012, and the rehabilitation plan was issued on April 26, 2013. (2) The Defendant, immediately after the Plaintiff’s application for commencing rehabilitation procedures, prepared a construction settlement statement with the purport of KRW 210,870,000 for the instant construction project (hereinafter “instant construction settlement statement”), and signed by the Plaintiff’s Deputy Director D, Deputy Administrator of Management, and Director of the E-site Director to verify the amount of settlement of the instant construction project as KRW 210,870,00 on August 31, 2012.

(B) On September 27, 2012, the Defendant reported the Plaintiff’s claim KRW 210,870,000 as rehabilitation claims based on the instant construction account statement. On December 13, 2013, the custodian G of the obligor A Co., Ltd. (Evidence 2-1, 200) raised an objection against the rehabilitation claim reported by the Defendant (Evidence 2-2). Accordingly, the Defendant filed a final rehabilitation claim inspection judgment against the Plaintiff to the effect that “the applicant’s rehabilitation claim against the debtor is KRW 210,870,000,000,” the Defendant filed for a final rehabilitation claim inspection judgment against the Plaintiff. < Amended by Presidential Decree No. 23557, Dec. 13, 2013>