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(영문) 서울중앙지방법원 2015.03.20 2014가합38253
공익채권확인 및 공사대금
Text

1. The Defendant’s KRW 750,400,000 among the Plaintiff and KRW 180,400,000 among them, shall be KRW 300,000 from February 28, 2013, and KRW 300,00,000.

Reasons

1. Circumstances leading to the dispute of this case;

A. On July 4, 2012, the Plaintiff entered into a contract with the Defendant, the manager, to change the construction period into the contract amount of KRW 1,254,00,000 from among the new construction works of Bupyeong-gu, Incheon, Bupyeong-gu, Bupyeong-gu, Incheon, as the contract amount of KRW 1,254,00,000, and the construction period from July 4, 2012 to February 28, 2013 (hereinafter “instant first subcontract”); and on December 2, 2013, following the decision to commence the rehabilitation procedure for the new business, the Plaintiff entered into a contract with the Defendant, the manager, to change the construction period to KRW 1,367,00,000 by December 30, 2013.

B. On July 4, 2012, the Plaintiff entered into a contract with the Plaintiff to receive a subcontract by setting the contract amount of 740,01,372 won and the construction period from July 4, 2012 to February 28, 2013, among the construction works for the construction works for the construction of the Kugwon-dong, Seog-dong, Sugwon-dong, Seogwon-dong, Sugwon-dong, Seogwon-dong, Seog-dong, Seogwon-dong, Seogwon-dong.

(hereinafter referred to as “instant second subcontract”). C.

On September 10, 2012, the Plaintiff entered into a contract with the Defendant, a manager, to change the construction period into the contract amount to KRW 640,048,650, the construction period, from September 10, 2012 to June 30, 2013 (hereinafter referred to as “third subcontract of this case”), after the commencement of the rehabilitation procedure for the new construction, as of December 2, 2013, the Plaintiff entered into a contract with the Plaintiff to change the construction period to the contract amount to KRW 827,062,457, by January 30, 2014.

On November 13, 2012, the Seoul Central District Court decided that the defendant shall be deemed a custodian without appointing a custodian (2012 Ma220) and that the defendant shall be deemed a custodian.

E. Of the construction cost under each of the instant subcontract, new construction business was incurred before the decision on commencement of the aforementioned rehabilitation procedure is rendered to the Plaintiff.

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