logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.07.06 2014가합51904
공사하도급대금
Text

1. All the claims of the plaintiff and the plaintiff succeeding intervenor are dismissed.

2. The costs of lawsuit shall be incidental to the participation.

Reasons

1. Basic facts

A. The Defendants are Defendant Hyundai Construction Co., Ltd. (hereinafter “Defendant Hyundai Construction”).

75% and Defendant M&C Co., Ltd. (hereinafter “Defendant M&C”)

2) As to the share of 25%, a joint supply and demand organization with the representative company as Defendant Hyundai Construction (hereinafter referred to as “joint supply and demand organization of this case”).

(2) On April 201, 201, the instant joint supply and demand agreement was made between ObB Korea Co., Ltd. with respect to the construction of D in E at all times. (2) On April 20, 2011, the instant joint supply and demand agreement was made by setting the construction cost of KRW 2,678,500,00, and the construction period of construction from April 25, 201 to December 31, 2012 (hereinafter “instant subcontract”).

3) On June 15, 201, B stipulated the instant construction work as construction cost of KRW 1,800,000,000 and the construction period of KRW 1,800,00 and the re-subcontract from June 15, 201 to December 30, 2012 (hereinafter “instant re-subcontract”) to the Plaintiff (hereinafter “instant re-subcontract”).

(4) The Plaintiff completed the instant construction work around February 28, 2013.

B. B’s commencement of rehabilitation procedures and declaration of bankruptcy on July 11, 2013, filed an application for commencement of rehabilitation procedures with the Gwangju District Court 2013 Mahap21, and the rehabilitation procedure was initiated on October 10, 2013, and was decided to discontinue rehabilitation procedures on March 3, 2014. On March 18, 2014, the Defendants’ assistant intervenors were appointed as bankruptcy trustee upon being declared bankrupt by the Gwangju District Court 2014Hahap11.

C. The Plaintiff’s succeeding intervenor’s claim and collection order, and assignment order 1) The Plaintiff’s succeeding intervenor’s claim amounting to KRW 300,000,000,000 on December 24, 2014, and the Plaintiff’s claim for the construction cost of this case against the Defendants (225,00,000,000 won for the construction cost claim against the Defendant Hyundai Construction + Defendant.

arrow