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(영문) 광주지방법원 2015.01.15 2014가합1210
보험금
Text

1. The Defendant: (a) KRW 477,800,000 to the Plaintiff (Appointed Party) and 5% per annum from March 21, 2013 to January 15, 2015.

Reasons

1. Basic facts

A. On May 12, 2011, the Plaintiff is undergoing rehabilitation procedures upon receipt of a decision on commencement of rehabilitation procedures by the Gwangju District Court 201 Gohap1 Joint12, and the Plaintiff was appointed as a joint manager of Southern Construction on May 12, 201 and January 28, 2014 by the above rehabilitation court.

B. On April 13, 2009, the Ministry of Land, Transport and Maritime Affairs ordered C national road construction works by Busan Regional Land, Transport and Maritime Affairs (hereinafter “ Busan Regional Land Management Office”) to order C national road construction works. On April 13, 2009, the Ministry of Land, Transport and Maritime Affairs changed the construction cost to KRW 28,419,760,00 (29,372,760,000 around 2012) and the total construction period from April 15, 2009 to March 20, 2014.

(2) On April 17, 2012, Southern Construction subcontracted part of the said C National Highway Construction Co., Ltd.’s “Land and reinforced concrete construction” (hereinafter “instant First Construction”) to the Unaccompanied Construction Co., Ltd. (hereinafter “Unaccompanied Construction”), and on April 17, 2012, the Southern Construction and Unaccompanied Construction concluded a subcontract (hereinafter “instant First Subcontract”) with the construction cost of KRW 8,778,00,000 (including value-added tax 798,000,000) and the construction period of the instant First Construction from April 17, 2012 to March 20, 2014.

C. The Korea Land and Housing Corporation (A) ordered a new construction of a D apartment in the Nam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and ordered the new construction of the said construction to December 2, 201, the contract amount of KRW 17,455,242,00 (a change of the contract amount to KRW 17,467,367,00 on September 18, 2012) and the total construction period from February 20, 2012 to November 18, 2013 (hereinafter “from September 18, 2012”).

(2) The Southern Construction and the Southern Construction Co., Ltd. (hereinafter referred to as the “Namnam Construction, etc.”) refer to the triwon Construction Co., Ltd. (hereinafter referred to as the “Triwon Construction”).

The construction of the above D Apartment is one of the new construction works.

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