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(영문) 서울중앙지방법원 2014.12.05 2014가합35254
공사대금
Text

1. The Plaintiff’s rehabilitation claim against T&C Construction Co., Ltd. is for KRW 21,174,969 and KRW 619,30,00,00.

Reasons

1. Basic facts

A. Article 20 (Payment of Price), such as the conclusion of the instant subcontract, etc. (Payment of Price) ① T&C construction must pay the price to the Plaintiff by the due date set within a period not exceeding 60 days from the date of the object.

1) On September 6, 2012, the Plaintiff is a T&C Construction Co., Ltd. (hereinafter “T&C Construction”).

) Between Sungnam-si and Sungnam-si, 612 and 2 lots of land for Aluminium construction works and Aluminium construction works (hereinafter referred to as the “instant construction works”) among the works for a consortium in charge of Aluminium construction.

As to the construction cost of KRW 3,267,00,00 (including value-added tax) and the subcontract agreement (hereinafter referred to as “instant subcontract agreement”) established from September 6, 2012 to March 31, 2013 with respect to the construction period.

The details pertaining to the payment are as follows. The first contract (the date and time of concluding a contract) on the ground of the change in the contract amount (the date and time of concluding the contract), 3,267,00,00 from September 6, 2012 to March 21, 2013 (the date and time of March 25, 2013), 3,267,00,000 to April 6, 2012 to April 30, 2013, 32 changes from 2,864,000 to April 30, 2013 (the date and time of signing the contract) to 30.6,00,000 to 30.6,06,00 to 30,64,00,000 to 20,000,000 to 36.4,20,000 to 36.4,20,013 and 36.4,04,0,0.3,04,0.

B. The Plaintiff completed the instant construction on September 30, 2013, and the Plaintiff paid KRW 2,092,981,000 in total to the Plaintiff as construction cost of the instant construction.

C. On May 27, 2014, upon the decision to commence rehabilitation proceedings for T&C construction and the decision to commence rehabilitation proceedings for E&C construction, at the time of the Defendant’s rehabilitation claims, A is a legal administrator on the same day.

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