beta
(영문) 서울중앙지방법원 2018.10.24 2017나60897

공사대금

Text

1. The delivery date of KRW 4,305,00 and a copy of the complaint of this case, among lawsuits that have been changed in exchange in this court.

Reasons

Facts of recognition

The plaintiff is a company that carries out construction and interior works.

A Co., Ltd. (hereinafter referred to as “Co., Ltd.”) is a company selling clothes, and the Plaintiff has continuously contracted the head office and the agency interior work from 2012 to 2014.

After the completion of this construction project, the Plaintiff received a request for additional construction from the Dispute Resolution Co., Ltd., the Plaintiff, by telephone, consulted with the person in charge of the Dispute Resolution Co., Ltd., and opened the additional construction estimate (No. 4) to the web gate, and confirmed it by the person in charge of the Dispute Resolution Co., Ltd., and confirmed the details of the additional construction work.

Until now, the LA does not pay the Plaintiff the additional construction cost of KRW 67,300,000 in total.

(A) On October 24, 2017, the Seoul Rehabilitation Court Decision 2017 Ma100171 decided to commence rehabilitation proceedings against A and the defendant was appointed as the administrator.

During the rehabilitation claim inspection period, the Plaintiff reported as each rehabilitation claim the amount of KRW 67,300,000 of the principal of the tegyptian construction cost and damages for delay calculated at the rate of 15% per annum from June 24, 2017 to the date of full payment, ② The Seoul Central District Court reported as the rehabilitation claim the amount of KRW 11,00,000,000 of the principal of the tegyian construction cost claimed as Seoul Central District Court 2017Da4590 and damages for delay calculated at the rate of 15% per annum from April 25, 2017 to the date of full payment.

The defendant did not distinguish between the above two claims in the claim investigation procedure, but only the amount of 8,905,000 won out of the principal shall be decided, and the remaining amount of 69,395,000 won shall be pending in the lawsuit.

The notice of objection (No. 5) states that delay damages are not specifically indicated in the notice of objection (No. 8,905,000 won of the principal which is not raised by deeming that there is no special objection as to delay damages are included in the notice of objection (Evidence No. 5) is also deemed not to have raised an objection). The claim to which

The Plaintiff shall file the instant lawsuit against the Bank of Korea.