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(영문) 부산고등법원 2020.02.05 2019나53924

공사대금

Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. 1) The Plaintiff (mutual name before the alteration: L corporation) is a company running reinforced concrete construction business, shipbuilding construction business, etc. on December 11, 2017. (1) In case where the Minister of the National Court Administration makes a public announcement in the Official Gazette that the company for which five years have passed after the last registration was made to the court having jurisdiction over the location of its headquarters that it would not yet discontinue its business, the company shall be deemed to have been dissolved at the time of the expiration of the reporting period, if it fails to make a report as prescribed by the Presidential Decree within two months after the last registration was made public. However, this provision shall not apply to the company which made the registration within the said period. (2) The Defendant Corporation is a public corporation established by Korea Land and Housing Corporation under the Korea Land and Housing Corporation, and is the owner of Busan D Apartment Construction Works, Busan Five Sections (hereinafter “instant Apartment Construction Works”).

3) As a special corporation established under the Framework Act on the Construction Industry, the Defendant Cooperative is a cooperative engaged in providing guarantee, financing, and mutual aid services necessary for its members. (b) The progress, etc. of the instant apartment construction project; 1) C Co., Ltd. (hereinafter “C”) constituted a joint venture with E Co., Ltd. (hereinafter “E”) around October 26, 2007, and the ordering person was the Korea National Housing Corporation at the time of entering into a contract for the instant apartment construction project; however, on October 1, 2009, the Defendant Corporation, which was established following a merger between the Korea National Housing Corporation and the Korea Land and Housing Corporation (amended by Act No. 9706, May 22, 2009) comprehensively succeeded to the property, claims, and other rights and obligations of the Korea National Housing Corporation (hereinafter “Korea National Housing Corporation”) pursuant to Article 8(1) of the Addenda.

The defendant does not distinguish before and after the merger.