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(영문) 의정부지방법원 2015.11.20 2015가합51576
채무부존재확인
Text

1. The subcontract term between the Plaintiff (Counterclaim Defendant) and the Debtor A, Inc., is based on the subcontract as of March 5, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 5, 2014, the Plaintiff filed an application for commencement of rehabilitation procedures with the Seoul Central District Court 2014 Gohap100168 on November 19, 2014. The said court rendered a decision to commence rehabilitation of the said company on December 22, 2014, and appointed B, the representative director of the said company, as a custodian.

In the instant case, “Defendant,” regardless of whether before or after the commencement of rehabilitation procedures for the said company.

The construction of landscaping facilities (hereinafter referred to as “instant subcontracted construction”) among the two sections of landscaping construction works for housing site development projects awarded a contract with the Korea Land and Housing Corporation.

2) The subcontractor’s subcontract agreement (hereinafter referred to as “instant subcontract”).

(2) The main contents of the instant subcontract are as follows.

Period: Payment of the price of KRW 2,106,830,000 for the contract on March 5, 2014, completion of construction on September 30, 2014 (i.e., value of KRW 1,915,30,000 for value-added tax of KRW 191,530,00 for value-added tax of KRW 191,530,00 for

A. (i) the advance payment: (i) the 0% of the contract amount within 0 days after the execution date of the contract; (ii) the 15-1. completed amount each month; (iii) the 100% deposit period and the deposit rate: 5% of the contract amount; (iv) the 10% warranty period and the deposit rate each time within the 15-day period from the receipt date of the Complemented object: the 100% deposit amount; (v) the 5% of the contract amount (general terms and conditions of the contract) (i) the Plaintiff shall pay the payment to the Defendant within the time limit of 60 days from

(2) When a plaintiff receives completion money from LH (referring to the Korea Land and Housing Corporation), he/she shall pay the subcontract price, and when he/she receives progress payment, he/she shall pay an amount equivalent to the portion executed by the defendant to the defendant within 15 days (where the payment deadline has arrived before

Article 21 (Direct Payment of Price for Subcontract)

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