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(영문) 서울중앙지방법원 2016.03.31 2015가합534635
용역비
Text

1. The plaintiff shall be a bankruptcy claim of 105,973,630 won and the same amount as the bankruptcy claim of 105,973,630 won against the bankrupt present development corporation.

Reasons

Basic Facts

The following facts are not disputed between the parties, or may be recognized in full view of the entries in Gap evidence 2, 3, and Eul evidence 3 and the whole purport of pleadings:

On September 2014, the Plaintiff recruited the body and supplied human resources to the company. On September 5, 2014, the Plaintiff entered into a contract with the Bankruptcy Company (hereinafter “Bankruptcy Company”) on the supply of human resources with respect to the mold and pumps in charge of the Bankruptcy Company during the construction of the Gangdong-gu Seoul Metropolitan Government apartment, and supplied human resources to the above construction site from September 5, 2014 to March 24, 2015.

On November 1, 2014, 49, 134, 640 on December 15, 2014, the amount paid for the payment (on January 22, 2015, 100,000,000 on January 23, 2015, 200,000 on January 23, 2015, 200,000 on February 20, 2015; 340,79,470 on February 61, 2015; 340,79,470 on a total of 340,79,470 on February 17, 2015, the bankruptcy company paid the Plaintiff the service amount of KRW 340,79,470 on six occasions as follows.

On the other hand, the bankruptcy company was declared bankrupt by Suwon District Court 2015Hahap33 on July 29, 2015 where the lawsuit in this case is pending, and the defendant appointed as the bankruptcy trustee of the bankruptcy company filed an application to resume the lawsuit with the court on August 21, 2015, and the plaintiff filed a report on the service payment claim amounting to KRW 276,638,476, which is the claim amount in this case in the bankruptcy procedure on September 16, 2015, and the defendant filed an objection against the total amount of the bankruptcy claim at the creditors meeting on October 7, 2015.

From September 5, 2014 to March 24, 2015, the Plaintiff supplied human resources to the bankruptcy company by means of wage payment. Although the service price falls under KRW 614,437,946, the bankruptcy company paid only the service price of KRW 340,79,470 to the Plaintiff up to now. The Plaintiff requested confirmation of the remaining service price of KRW 273,638,476 to the bankruptcy company (=614,437,946-340,479,470).

The plaintiff and the defendant bankruptcy company have entered into a human resources supply contract by the method of wage payment.

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