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(영문) 서울중앙지방법원 2017.07.13 2014가합586110
용역비
Text

1. The Defendant’s KRW 78,361,130 as well as 6% per annum from December 12, 2014 to July 13, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On August 2012, the Plaintiff, a stock company, entered into a contract with B (hereinafter “each service contract of this case”) to receive a total of five design services, as described in the attached Table, as shown in B, and entered into a contract with B (hereinafter “B”) around August 2012 with a comprehensive architect office B (a joint architect office B, as seen in the rear, is undergoing bankruptcy procedures after undergoing rehabilitation procedures. The administrator of rehabilitation procedures and trustee in bankruptcy; hereinafter “B”). The date of the contract is indicated on May 1, 2012.

Each of the instant services contracts is that B subcontracts design services contracted by the Korea Land and Housing Corporation (hereinafter “Housing Corporation”) to B.

B. The Plaintiff supplied each design drawing for each of the above services contracts to the Housing Corporation or B, and completed the implementation of each of the instant services contracts. In addition to the amount of dispute arising from the service cost of each of the instant services contracts, the Plaintiff received the same money as indicated in the “amount of payment without a dispute” in the attached Table.

C. B filed an application for commencement of rehabilitation proceedings with the Seoul Central District Court on August 21, 2012, and the Seoul Central District Court approved the rehabilitation plan passed at the meeting of interested persons on March 13, 2013, and the implementation period of the rehabilitation plan was set from 2013 to 202 for ten years.

B The Seoul Central District Court decided June 1, 2016 that the rehabilitation procedure will be abolished, and the above decision was finalized on June 16, 2016.

B was declared bankrupt on June 28, 2016 by Seoul Central District Court 2016Hahap88, and the defendant was appointed as bankruptcy trustee.

[Ground of Recognition] A without dispute, Gap evidence Nos. 1 through 5 (each number is included; hereinafter the same shall apply), Eul evidence No. 1, witness E's testimony, and witness C.

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