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(영문) 부산지방법원 2016.08.11 2013가합47531
배당이의
Text

1. In Busan District Court H, I and J (Joint) auction of real estate, this Court drawn up on September 5, 2013.

Reasons

1. Basic facts

A. Construction of DNA Industry and KK’s contract and termination 1) Construction of DNA Industry Co., Ltd. (hereinafter “di industrial construction”).

) K Co., Ltd. (hereinafter referred to as “Nonindicted Company”);

At the time of the above contract, L Co., Ltd. but thereafter changed its trade name.

From January 6, 2012, it became an aggregate building by dividing it into each real estate listed in the attached list of real estate.

hereinafter referred to as “instant building”

On November 24, 2010, the removal work was awarded to KRW 192,50,000 of the construction cost (including surtax) and the remodeling work was awarded to KRW 1,756,70,000 on December 24, 2010, respectively. (2) However, the construction of DNA industry was not completed even until the extended date. Ultimately, the Plaintiff and DNA industry construction terminated the said construction contract on September 15, 201.

B. On September 15, 2011, the Plaintiff and KK’s subcontract contract and subcontract 1) the Plaintiff contracted from the Nonparty Company for remodeling construction works for the instant building amounting to KRW 1.65 billion. On December 2, 201, the Plaintiff added the construction cost of KRW 958 million to the construction cost of the instant building (hereinafter referred to as “instant construction works”).

(2) From September 15, 201 to January 2, 2012, the Plaintiff concluded a subcontract with the Plaintiff on the parts of the instant construction works, respectively.

3) Although the Plaintiff completed the instant construction, it did not receive the remainder of KRW 1.78 billion from the total construction cost of KRW 2.68 billion (the additional construction cost of KRW 1.65 billion per original construction cost of KRW 958 million, which was paid KRW 828 billion, and did not receive the remainder of KRW 1.78 billion, among the additional construction cost of KRW 958 billion per original construction cost of KRW 1.68 billion.

As a result, the plaintiff is the subcontractor.

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