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(영문) 부산지방법원 2018.01.30 2017가단19674
공사대금
Text

1. The plaintiff's rehabilitation debtor B shall confirm that the amount of 82,500,000 won is 82,500 won;

2. The costs of the lawsuit are assessed against the defendant.

Reasons

Basic Facts

The Plaintiff was awarded a contract with B for construction cost of KRW 82,50,000 (including value-added tax), and completed the above construction work on February 10, 2017.

On August 9, 2017, when the instant lawsuit was pending on August 9, 2017, the rehabilitation procedure (the Changwon District Court 2017 Gohap10030) was initiated, a decision was rendered to the effect that the manager of the rehabilitation debtor B is deemed the defendant (B himself) without being appointed a separate custodian.

The plaintiff reported the above construction cost of KRW 82,500,000 as rehabilitation claim, but the defendant denied it.

Within one month from the last day of the rehabilitation claim inspection period, the plaintiff filed a motion to resume the proceedings against the defendant who is an objection.

[Grounds for recognition] The plaintiff has a claim for the construction cost of KRW 82,50,000 against the debtor B after completion of the contracted construction work for relocating the factory facilities, according to the facts of recognition as above, Gap's evidence Nos. 1 through 3, and the purport of the whole pleadings.

Therefore, the plaintiff's rehabilitation claim B against the debtor for rehabilitation is 82,500,000 won.

In conclusion, the plaintiff's claim is reasonable, and it is decided as per Disposition.

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