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(영문) 서울고등법원 2016.11.17 2015나2071595 (1)
공사대금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendants are the defendants.

Reasons

1. Basic facts

(a) the organization of a consortium 1) Gyeongnam Enterprise Co., Ltd. (hereinafter referred to as “Gyeongnam Enterprise”);

(2) The Defendants and joint contractors (hereinafter referred to as “joint contractors of this case”)

On September 6, 2013, between the Ministry of Oceans and Fisheries and the Incheon Regional Maritime Affairs and Fisheries Office of Incheon, the contract between September 13, 2013 to September 11, 2016, the construction period of the Incheon Southern Port 3 Dredging Bridge construction work, the total construction cost of 28,211,700,000, and the contracting method of the contract shall be determined by the joint implementation method (hereinafter referred to as the “instant prime contract”).

(2) The representative of the instant joint supply and demand company is the Jinnam Company, the internal share ratio is 70% of the Jinnam Company, 20% of the Defendant Promotion Company Co., Ltd. (hereinafter “Defendant Promotion Company”), and 10% of the Defendant Jinjin Construction Co., Ltd. (hereinafter “Defendant Jinjin Construction”).

B. 1) The Plaintiff entered into a subcontract with a limited liability company (hereinafter “gold Construction”).

B) On October 30, 2014, the construction of structures and pilings (hereinafter “instant construction”) among the construction works under the above contract between the South and North Korean companies on October 30, 2014

(2) After entering into a contract with the Plaintiff to accept a subcontract for the total construction cost of KRW 5,040,200,000, the amount of the construction cost of KRW 5,193,100 on December 10, 2014 was increased to KRW 5,193,100,000, and the Plaintiff and Geumma Construction partially modified their respective shares (hereinafter collectively referred to as the “instant subcontract”).

(2) The amended Plaintiff’s equity ratio is 55.45%, and the total construction cost of the Plaintiff’s scheduled construction work is 2,879,800,000 won. (2) On the other hand, the subcontract in this case’s subcontract is written only by Gyeongnam Enterprises.

C. On March 27, 2015, when the Plaintiff filed an application for corporate rehabilitation with respect to the company rehabilitation, the company filed an application for corporate rehabilitation with respect to the company rehabilitation, and was decided to authorize the rehabilitation plan after the rehabilitation procedure began.

[Reasons for Recognition] There is no dispute, Gap evidence 1 to 5 respectively.

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