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(영문) 서울중앙지방법원 2018.07.12 2016가합522042
공사대금
Text

1. The Defendant: (a) KRW 221,715,101 for the Plaintiff and KRW 6% per annum from April 30, 2016 to July 12, 2018; and (b) the Plaintiff.

Reasons

1. Basic facts

A. Prior to the Plaintiff’s status of lawsuit, A Co., Ltd. is a company with the purpose of civil engineering and construction work, housing construction and sale, lease business, etc.

On September 18, 2017 with respect to A Co., Ltd. prior to the filing of a lawsuit, the rehabilitation procedure was commenced on September 18, 2017 by the Chuncheon District Court 2017 Ma301 and the representative director was the manager, and B took over the status of A in the lawsuit on September 26, 2017.

(hereinafter referred to as "Plaintiffs" in total, without distinguishing between before and after the commencement of rehabilitation procedures and before and after the commencement of litigation.

(A) On May 23, 2013, the Defendant (the person in charge of the instant construction contract: the Armed Forces’s Central Contract Official) announced a public tender for D Construction Works located in Pyeongtaek-si C (hereinafter “instant Pyeongtaek-si Construction”) by bidding total amount.

(A) On June 17, 2013, the Plaintiff is the Armed Forces Finance Management Body of the Ministry of National Defense affiliated with the Defendant (hereinafter referred to as the “State Armed Forces Finance Management Body”).

B) As to the instant Pyeongtaek Construction Contract, the term of the contract between June 17, 2013 to May 3, 2014, the construction cost of KRW 6,937,700,00 ( KRW 1st KRW 5,900,000, continuing demand 1,037,700,000) is stipulated as the contract for the construction of a long-term long-term contract (Evidence A 2; hereinafter “instant door-to-door construction contract”) between June 17, 2013 to May 3, 2014.

(C) The main contents of the general conditions of the construction contract (No. 116, Sept. 22, 2012, hereinafter “instant general conditions”) incorporated under the instant contract for the construction project are attached hereto.

1. As stated in the instant general condition, the main contents of the special condition of the construction contract (Evidence No. 10, hereinafter “instant special condition”) are as stated in the attached Form.

2. The special terms of this case are as indicated. The former Act on Contracts to Which the State is a Party (amended by Act No. 12028, Aug. 13, 2013; hereinafter “former State Contracts Act”) and the former Enforcement Decree of the Act on Contracts to Which the State is a Party shall be prescribed by Presidential Decree on June 17, 2013.

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