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(영문) 창원지방법원 2014.08.14 2013가합850
용역대금
Text

1. The Defendant’s KRW 910,144,244 as well as the Plaintiff’s annual rate of KRW 6% from March 9, 2013 to August 14, 2014.

Reasons

1. Basic facts

A. Since C Co., Ltd. (hereinafter “C”) mainly engaged in the interior decoration of the ship structure contracted by the Defendant as the subsidiary company of the original Defendant related to the Defendant, which was the parent company, closed down on June 30, 2012 due to the deterioration of the Defendant’s management, etc., the number of employees belonging to the said place of business became the main axis and newly established the Plaintiff in order to continue the construction works undertaken at the C Jinhae Business Office.

D and E, who were the Deputy Director of Accounting Management of C, were the Plaintiff’s representative director, and the Plaintiff acquired all construction works that C had continued as of July 1, 2012.

(b) F Corporation’s acquisition and completion 1) C, including additional construction, means the dwelling space of the Defendant on August 12, 201.

2) The funeral construction work (hereinafter referred to as the “heading construction of this case”)

A) The construction period of construction between September 17, 201 and June 30, 2012, contract number H, and construction cost of construction of H is KRW 3.2 billion, and F’s Bohion Corporation (hereinafter “instant Bohion Corporation”).

(2) On July 1, 2012, the Plaintiff acquired the status of C with respect to each of the above construction contracts and carried out construction works on July 1, 2012, and completed the additional construction works, including design revision and delay in the prior process, etc.

(hereinafter referred to as the “instant additional works”) The instant additional works are classified into the chapter of this case and the each section of the Bohion, which are the existing works.

The acquisition and completion of other construction works was also completed on July 1, 2012 by acquiring the construction works on July 1, 2012, after deducting the sub-sections of J, K, L, and M (hereinafter referred to as “the sub-sections”) that C had been subcontracted by the Defendant.

[Ground of recognition] Facts without dispute, Gap's entry of evidence Nos. 6, 7, 8, 13, and 14, Gap's entry of the evidence No. 19, and the purport of the whole pleadings

2. Determination as to the F Corporation’s claim

(a) the cost of the existing project;

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