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(영문) 서울중앙지방법원 2020.08.20 2015가합579348

공사대금

Text

1. The Defendant: (a) against the Plaintiff (Appointeds) and the appointed parties, KRW 2,675,300,645; and (b) from December 1, 2013 to August 20, 2020.

Reasons

1. Basic facts

A. 1 Status of the Parties 1) Selected F Co., Ltd. (hereinafter “F”), and the entry of “stock company” is omitted for other companies.

A) The purpose of the project is to develop, supply, process and provide software related to the railroad signal control system, and build a database. The selected parties G, the Selection H, and A [A] were merged into the Plaintiff (Appointed Party B) B on June 5, 2019.

without distinguishing between the two parties before and after the merger, “Plaintiffs, etc.” is called “Plaintiffs, etc.” in combination with the Plaintiff and the designated parties, and even in cases where F or G concludes a contract, etc. on behalf of a joint contractors comprised of the Plaintiff, etc., “Plaintiffs, etc.”

[2] The Defendant was decided to commence rehabilitation proceedings (Seoul Central District Court 2012 Gohap141) on August 9, 2012, and the Plaintiff filed the instant lawsuit against D and E who were appointed as joint joint managers.

After February 4, 2016, as the above rehabilitation procedures are completed, the defendant taken over the proceedings on June 14, 2016.

3) On April 10, 2007, I concluded a concession agreement between the Republic of Korea and the Defendant with respect to the total project cost of KRW 565,400,000 (hereinafter “instant concession agreement”).

I, on June 8, 2007, concluded a contract with the Defendant and seven construction companies, and with respect to the entire construction works of the instant project, 490,656,210,000 won in total (including value-added tax; hereinafter the same shall apply) for the implementation of the instant concession agreement.

(2) On July 28, 2008, the defendant entered into a subcontract between the defendant and the plaintiff et al. (hereinafter referred to as "the contract of this case") and E&M (E&M and Electricctri&&.) among the above construction works supplied by I.