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(영문) 광주지방법원 2019.07.18 2018가합58160
공사대금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On August 6, 2013, the Defendant and C Co., Ltd. (hereinafter “C”) concluded a contract with C on August 6, 2013, under which the Defendant entered into a contract with C to conclude the instant construction project site development project (hereinafter “instant construction”).

B. C filed an application for rehabilitation on September 25, 2017, and received a decision on November 23, 2017 from the Gwangju District Court to commence rehabilitation procedures.

(Seoul District Court 2017 Gohap5021). (c)

C and Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) entered into a contract (the total contract amount of soil and packaging works and construction works: KRW 2,585,798,000) with the Plaintiff to subcontract to the Plaintiff during the instant construction work, and construction works (hereinafter “Plaintiff A”), and the same year.

2.9. to the same year; and

3. Until July 3, 200, the Gwangju District Court obtained permission from each of the above subcontracting contracts.

C around April 2018, Plaintiff A, who holds a license for construction works after separating each of the above subcontracting agreements, concluded a subcontract agreement for construction works among the above subcontracting projects (hereinafter “instant subcontracted projects”). Contract amount: KRW 1,028,00,000, and construction period: From February 12, 2018 to April 30, 2018; and Plaintiff B, who holds a license for reinforced concrete (hereinafter “Plaintiff B”), entered into a subcontract agreement for construction works of reinforced concrete among the above subcontracting projects (hereinafter “instant reinforced concrete construction”) with the Plaintiffs, respectively. The subcontract agreement was concluded with the relevant district court on March 20, 2018 to separately grant permission for each of the said subcontracting projects from Gwangju District Court on April 24, 2018.

E. On June 4, 2018, C obtained permission from the Gwangju District Court to terminate and terminate the subcontract for the instant soil works and reinforced concrete construction works. At that time, the Plaintiffs suspended the instant soil works and reinforced concrete construction works.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

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