공사대금
1. The plaintiff shall confirm that the bankruptcy claim against the construction of the old custom for the bankrupt corporation is KRW 210,871,850.
2...
1. Facts of recognition;
A. On June 12, 2012, the Plaintiff: (a) concluded a subcontract with the Youngcheon-gun Construction Corporation (hereinafter “instant construction”) on the terms of “117,271,00 won (including value-added tax) for the contract amount; (b) on June 19, 2012, the date of the commencement of construction; and (c) on July 30, 2012, the Plaintiff agreed to pay the amount equivalent to 91% of the subcontract amount as the subcontract amount if the contract amount increases.
B. After that, according to the design modification of the instant construction project, the construction amount has increased to KRW 377,735,00, and the Plaintiff completed the instant construction project including the additional construction pursuant to the said design modification.
C. However, the construction project paid only KRW 117,271,00,000, which is the construction cost of the existing subcontract to the Plaintiff.
During the litigation of this case, the Plaintiff and Young Construction confirmed the damages amounting to 15,596,000 won due to the defect repair of the construction of this case.
E. On May 11, 2015, the Young Pung Construction was declared bankrupt by Daejeon District Court 2015Hahap505, and the Defendant was appointed as a trustee in bankruptcy.
In bankruptcy proceedings following the above declaration of bankruptcy, the Plaintiff filed a report on KRW 210,871,850 as a bankruptcy claim, but the Defendant denied the full amount of the claim for the above bankruptcy claim on the ground that it is pending in a lawsuit.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Gap evidence 7 to 9, Eul evidence 1, the purport of the whole pleadings
2. According to the above facts of determination, the plaintiff has a claim for the construction price of 210,871,850 won (=343,738,850 won (37,735,00 won increased due to a design modification x 91%) for the construction of the Young Pung Construction - the construction price of 117,271,00 won - the compensation amount of 15,596,00 won for damages arising from the defect repair recognized by the plaintiff). This claim is a property arising from the above property before the declaration of bankruptcy.