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(영문) 광주지방법원 2020.10.08 2020가단524908
공사대금
Text

The Defendant, as the Plaintiff

(a) 120,910,630 won and 114,900,030 won among them shall be from June 13, 2020, 6,010,600 won.

Reasons

1. Facts of recognition;

A. B Co., Ltd. (hereinafter “Defendant Co., Ltd”) was decided on November 23, 2017 by Gwangju District Court 2017 Gohap5021, and the Defendant was appointed as the custodian on July 31, 2019.

B. On July 24, 2019, the Defendant Company subcontracted to the Plaintiff the electrical construction for extension of Do middle school teachers (hereinafter “Dmiddle school electrical construction”) by setting the construction cost of KRW 137,690,00, and the warranty bond rate of KRW 3%. On August 2019, the construction cost of KRW 93,95,00, and the warranty bond rate of KRW 3% is set at 93,95,00, and the warranty bond rate of KRW 3%, and subcontracted the said two construction works to the Plaintiff.

C. Although the Plaintiff completed all of the above construction, it was not paid the construction price of KRW 89,207,080 out of the electrical construction price for the D Middle School, KRW 32,643,50 out of the electrical construction price for the E University, and KRW 121,850,580 in total.

On August 20, 2020, the Plaintiff was issued a warranty bond of KRW 4,130,700 for the electrical construction at D secondary schools by the FFF Financial Cooperative, and KRW 1,879,90 for E-university electrical construction at E-university.

The plaintiff attached the above warranty bond to the legal brief dated August 20, 2020, and the plaintiff's legal brief was served to the defendant on August 24, 2020.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 6 evidence, purport of the whole pleadings

2. Determination

A. Whether the principal and damages for delay constitute priority claim (1) The Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”)

Article 179 subparagraph 5 of the Act provides that "a claim that arises from a loan or any other act done by a custodian with respect to the debtor's business and property after the commencement of rehabilitation procedures" shall be deemed a public-interest claim, and Article 180 (1) of the Act provides that "public-interest claims shall be repaid from time to time without resorting to rehabilitation procedures," and the above facts of recognition

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