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(영문) 서울고등법원 2017.07.13 2015나2071137

공사대금

Text

1. Of the judgment of the first instance, the part against the Plaintiffs, which orders additional payment, shall be revoked.

Reasons

1. Basic facts

A. A’s rehabilitation procedure, etc. 1) On February 28, 2013, Company A filed the instant lawsuit on October 22, 2013, which was decided by the Seoul Central District Court to commence rehabilitation procedures (2013 Gohap34) and appointed B as a custodian on the same day. Upon the completion of rehabilitation procedures on April 15, 2015, Company A taken over the instant lawsuit and was sentenced to the first instance judgment.

3) However, on March 14, 2017, when the lawsuit of this court was pending, A received a decision on commencing the rehabilitation procedure from the Seoul Rehabilitation Court (2017 Gohap10051). On the same day, A’s representative director, who is deemed a custodian, took over the lawsuit of this case (hereinafter “Plaintiff A”), and barring any special circumstance, B took over the lawsuit of this case (hereinafter “Plaintiff A”).

B. (1) A and Plaintiff C, E, and D were members of the joint supply and demand organization, and the change was made to Plaintiff D around December 2008. The change was made to Plaintiff D on the part of Plaintiff A and Plaintiff C, E, and D around December 2008. The change was not made before and after the change in convenience, but was made to Plaintiff D as Plaintiff D.

(2) On January 5, 2005, the Plaintiff entered into a contract for construction works (hereinafter “instant construction contract”) with the Defendant on January 5, 2005 (hereinafter “instant joint contractors”) with regard to “F Corporation” (hereinafter “instant joint contractors”) by determining the ratio of investment by Plaintiff A 49%, Plaintiff C 19%, Plaintiff E and D 16%, and constituting a joint contractors that represent Plaintiff A (hereinafter “instant joint contractors”).

Contract amount: The construction period of KRW 27,561,50: From January 10, 2005 to January 9, 2008 (36 months from the date of commencement) the rate of liquidated damages: Article 2 (Definition) of the General Conditions for the Contract for Construction Work. < Amended by Act No. 6310, Jan. 10, 2005; Act No. 6310,

7.Except as otherwise provided for in this condition, the provisions of the Enforcement Decree of the Act on Contracts to Which the State is a Party, the Enforcement Decree of the Act on Contracts to Which the State is a Party, the Enforcement Rule, and the written notice of tender for construction of accounting established rules.