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(영문) 서울동부지방법원 2017.06.21 2015가합109407
공사대금
Text

1. All claims filed by the plaintiff (appointed party) and the designated parties are dismissed.

2. The costs of lawsuit are assessed against the plaintiff (appointed party) and the plaintiff.

Reasons

1. Basic facts

A. Status 1) Plaintiff (Appointed Party, hereinafter “Plaintiff”)

) The company is a company that carries on business, such as the development, supply, information processing, and provision of software related to the railroad signal control system, and the establishment of database. The selected E Co., Ltd. (hereinafter referred to as “E”) and the other companies omit the entry “stock company”.

) The F, G, companies engaged in information and communications construction business, etc. (hereinafter collectively referred to as “Plaintiff, etc.”; and even if the Plaintiff or the Selection E enters into a contract, etc. on behalf of a joint supply and demand organization comprised of the Plaintiff, etc., “Plaintiff, etc.”

(2) Defendant B received a decision on commencing rehabilitation procedures (Seoul Central District Court 2012 Gohap141) on August 9, 2012, and the Plaintiff filed the instant lawsuit against C who was appointed as a custodian.

After February 4, 2016, Defendant B took over the litigation procedure as the above rehabilitation procedure is completed.

3) Defendant D is a corporation established by the investment of Defendant B and 8 companies. B. On April 10, 2007, the conclusion of the contract and the subcontract between Defendant D and the Defendant B entered into a concession agreement with approximately KRW 565,400,000 (hereinafter “instant concession agreement”).

On June 8, 2007, Defendant D entered into a contract with Defendant B and seven construction companies and the total amount of KRW 490,656,210,000 (including value-added tax; hereinafter the same shall apply) for the implementation of the instant concession agreement with respect to the entire construction works of the instant project.

2) Defendant B, who entered into a subcontract between Defendant B and the Plaintiff, etc. on July 28, 2008, is telecommunication, signal, electricity, facilities and equipment construction of E&M among the above construction works supplied and demanded by Defendant D on July 28, 200, the original contract amount for which is KRW 91,147,845,188 (hereinafter “instant construction work”).

Joint supply and demand companies consisting of the plaintiffs, etc. with respect to them.

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