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Reasons
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(영문) 서울고등법원 2015.07.23 2015나2006324
공사대금
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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Facts of recognition

A sales contract of this case

1. Field name: C;

2. Object of a contract: Offset stone (added by detailed list of detailed districts);

3. Places of delivery: Conditions of on-site installation, dissolution, and removal.

4. Period of delivery: From April 16, 2013 to August 25, 2015;

5. Contract amount: 3,145,562,420 won (supply contract: 2,859,602,200 won; 285,960,220 won): The contract amount shall include safety management expenses, various insurance premiums, cleaning expenses, miscellaneous expenses, miscellaneous expenses, and taxes and public charges: 6. On the site of the detailed statement of payment conditions: The name of the detailed statement of the contract for periodic payment: 40M M 31,09,847 750824,885,2502, 400 M 31,09,847,850,850, 400, 400 M 31,09,847, 850, 034, 716, 950 (AT 2,85, 289, 205, 309, 406, 2013).

In accordance with the instant contract, the Plaintiff was able to produce and take out aggregate equivalent to KRW 170,160,000 to the Defendant around July 2013; KRW 140,140,000; KRW 140,0140,00 from September 2013; and KRW 143,000,000 from October 2013; and KRW 45,474,00 (= KRW 171,60,000; KRW 144,000,000; KRW 14,3,000,000; and hereinafter “the instant aggregate proceeds”).

(2) The Defendant filed a claim against the Plaintiff for the payment of the instant aggregate amount. (2) The Defendant issued to the Plaintiff each of the bills representing KRW 170,160,00 per face value (on July 31, 2013, maturity date, December 31, 2013), the face value of KRW 140,0140 per face value (on February 28, 2013, maturity date, February 2014), and the face value of KRW 143,00 per face value (on March 31, 2013, maturity date, March 31, 2014), but did not pay the respective bills upon the expiration date of each of the said bills.

On January 9, 2014, the rehabilitation procedures commenced after receiving a decision on commencement of rehabilitation procedures from the Seoul Central District Court 2013 Ma291

(hereinafter “instant rehabilitation procedure”). Thereafter, the instant lawsuit is pending on July 2014.

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