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Reasons
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(영문) 수원지방법원 2015.01.09 2014가합9079
공사대금
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1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

1. Field name: C;

2. Object of a contract: Offset stone (by inserting detailed description of the prize);

3. Places of delivery: Conditions of on-site installation, dissolution, and removal.

4. Period of delivery: From April 16, 2013 to August 25, 2015;

5. Contract amount: The contract amount: 3,145,562,420 won (the supplied amount: 2,859,602,200 won, value added tax: 285,960,220 won) shall include safety management expenses, various insurance premiums, cleaning expenses, miscellaneous expenses, miscellaneous expenses, and taxes and public charges; 6. The payment conditions: us shall pay periodically.

8. Contract performance rate: 10.0% of the contract amount; Period for warranty against defects: From August 26, 2015 to August 26, 2018 (36 months): 0.3% of the contract amount each day;

A. On April 30, 2013, the Plaintiff entered into a contract with A Co., Ltd. (hereinafter “A”) with the following terms (hereinafter “instant contract”).

B. Under the instant contract, the Plaintiff supplied A aggregate equivalent to KRW 171,600,00 in KRW 171,60,000, around July 2013; KRW 140,140,000 in around September 2013; and KRW 143,00,00 in KRW 140,00 in around October 2013; and the Plaintiff supplied A with each aggregate amounting to KRW 454,740,00 in KRW 140,600 in = 140,140,000 in KRW 143,00,00 in total; and hereinafter referred to as “the instant aggregate proceeds”).

A) A filed a claim with the Plaintiff for the payment of the instant aggregate amount of KRW 171,60,00 at par value (as of July, 2013; maturity date; December 31, 2013); face value of KRW 140,140,00 (as of September, February 28, 2013); and face value of KRW 143,00,000 at face value (as of February, 2014; maturity date; February 28, 2014); and each of the said bills was issued on March 31, 2014; but not paid at the maturity date.

C. Meanwhile, on December 30, 2013, A filed an application for rehabilitation with the Seoul Central District Court. On January 9, 2014, the Seoul Central District Court decided to commence rehabilitation proceedings in the rehabilitation case No. 2013 Gohap291, and the Defendant was deemed a manager as the representative director of A.

hereinafter referred to as "the rehabilitation procedure of this case"

D. On May 23, 2014, the Plaintiff is the Defendant under the Debtor Rehabilitation and Bankruptcy Act.

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