공사대금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. The Plaintiffs asserted that the Plaintiffs were entitled to a subcontract for construction works of Non-party Joint Construction Co., Ltd. (hereinafter referred to as “Gangwon District Court Decision 2015 Mahap1010, Apr. 24, 2015, in which the instant lawsuit was pending, which was revoked on August 24, 2015. After the Changwon District Court Decision 2015 Mahap1055 (hereinafter referred to as “Seoul District Court Decision 2015 Changwon District Court Decision 2015 Ma105) on October 22, 2015, the managers were appointed and taken over the instant lawsuit on October 22, 2015, without distinguishing it from before and after the process of lawsuit taking place; hereinafter referred to as “Defendant”).
The Defendant, around September 22, 2014, entered into a direct payment agreement that directly pays the Plaintiff KRW 70 million up to December 12, 2014, totaling KRW 19.1 million up to December 30, 2014, and KRW 89.10 million up to November 20, 2014 to Plaintiff B by December 30, 2014, and KRW 160.9 million up to December 30, 2014, respectively, the Defendant is obligated to pay the construction price pursuant to the above direct payment agreement to the Plaintiffs.
2. The defendant, as to whether the lawsuit of this case is legitimate, raised a defense to the effect that the lawsuit of this case is unlawful, since the plaintiffs' claim for construction price should be repaid according to the rehabilitation plan in progress.
According to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”), when any custodian, any rehabilitation creditor, any rehabilitation secured creditor, any shareholder or any equity right holder raises an objection during the rehabilitation procedure or on the special inspection date, the contents of the reported rehabilitation claim and any rehabilitation security right and the amount of the voting right are determined (Article 166 of the Act), and any confirmed rehabilitation claim and any rehabilitation security right are entered in the table of the rehabilitation creditors and the rehabilitation secured right table.