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(영문) 대전지방법원논산지원 2019.12.12 2018가단22445

용역비

Text

1. The plaintiff's rehabilitation debtor B shall confirm that the amount of 89,000,000 won for the rehabilitation claim is 89,000 won;

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On December 2, 2016, the Plaintiff entered into a “D Technical Services Contract” (hereinafter “instant technical Services Contract”) with Company B with the following content.

- The contract term is from December 2, 2016 to December 31, 2017, the contract term is valid.

- The contract amount shall be 200,000,000 won per day and value added tax.

- The period of technical services shall be from the date of validity of the contract to December 31, 2017, and may be extended or adjusted by the original defendant's agreement, and the date on which the plaintiff's results of services are approved shall be the date of completion.

(Article 3 of the Special Conditions for Contracts (Article 30%) - Advance Payment Terms (30%) shall be 60,000,000 won after the conclusion of the contract, the intermediate payment (40%) shall be 80,000,000 won after the completion of the development test evaluation (DT&E), and the balance (30%) shall be 60,000,000 won after the approval of the final report on technical services, and the tax invoice for each advance shall be issued after addition to the value-added tax.

(Article 4 of the Special Conditions for Contracts)

B. The Plaintiff filed the instant lawsuit on the ground that, according to the instant technical service agreement, the Plaintiff completed the contract performance by inserting the contracted human resources up to December 31, 2017, but the Plaintiff did not pay the remainder of KRW 89 million to the Plaintiff.

C. B filed an application for rehabilitation with Daejeon District Court 2018 Ma5036, and the above court rendered a decision on December 12, 2018 to commence rehabilitation proceedings with respect to Company B, and C, which was the former representative director, becomes the administrator.

Upon the plaintiff's application, C's custodian B, a debtor, took over the defendant's status.

E. In the rehabilitation proceedings against Daejeon District Court Decision 2018 Ma5036, the Plaintiff reported the Plaintiff’s claim asserted as the rehabilitation claim in the instant lawsuit to the rehabilitation obligor B, and the custodian C rejected the claim on the ground that the instant lawsuit is pending.

F. The plaintiff is changing the lawsuit of this case to the lawsuit for confirmation of rehabilitation claims, and the plaintiff is a rehabilitation debtor company.