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(영문) 전주지방법원군산지원 2015.11.19 2015가합146
공사대금 등
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of the lawsuit include parts resulting from the participation.

Reasons

1. Facts of recognition;

A. The Defendant is a corporation established by the investment of 8 companies, both the Defendant and the Nam Mine Construction Co., Ltd., and the equity shares are 90% of the company bank, 3.9% of the Southern Mine Construction, 2% of the company construction, 0.8% of the company construction, 0.5% of the central construction, 0.5% of the mobilization construction industry, 0.4% of the company construction, 0.3% of the company construction, 0.3% of the company 0.3% of the company 0.3% of the infrastructure project master plan (No. 2006-227 and 313 of the Public Notice) publicly notified pursuant to the Act on Public-Private Partnerships in Infrastructure on April 10, 207, and between Korea and the Ministry of Land, Infrastructure and Transport (No. 2006-27 and 313 of the Ministry of Land, Infrastructure and Transport).

B. On June 8, 2007, the Defendant: (a) participated in the instant construction project on the part of the Defendant, following the court’s decision to commence rehabilitation on August 9, 2012; and (b) the Defendant participated in the instant case as “A manager of the rehabilitation debtor Southern Land Co., Ltd.”; and (c) the Defendant participated in the instant case.

In this section, the term “avenor” shall be collectively referred to as “avenor.”

In other words, the participation ratio of the 7 construction companies is 39% by the supplementary intervenor, 20% by the scco construction, 18% by the scco construction, 8% by the central construction, 5% by the mobilization construction industry, 4% by the scco construction, 3% by the scco construction, and crote text.

The supplementary intervenor awarded a contract for E&M construction (including value-added tax) in total 490,656,210,000 won (including value-added tax) with the Defendant on July 28, 2008. The supplementary intervenor awarded a subcontract for E&M construction (including telecommunications, signal, electricity, facilities and equipment construction, main contract amount, value-added tax, KRW 91,147,845,188 (including value-added tax), hereinafter “instant construction”) with the Plaintiff and the designated parties (hereinafter “Plaintiff, etc.”). The participation ratio of Plaintiff, etc. was 20%, 70% of the contract amount to the designated parties (the designated parties’ representative), 30% of the total contract amount, 76,890,000,000 won (including value-added tax) with the Defendant on July 28, 2008.

C. The Plaintiff et al. completed the instant construction work on November 30, 2013.

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