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(영문) 서울중앙지방법원 2015.12.16 2015가합532622
양수금
Text

1. The Defendant: (a) KRW 439,60,000 for the Plaintiff and KRW 20% per annum from June 5, 2015 to September 30, 2015; and (b) the Plaintiff.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. The facts of recognition 1) Before the merger, Samsung C&T Co., Ltd. was merged with and dissolved on September 2, 2015, and on the same day, Samsung C&T Co., Ltd. changed its trade name to Samsung C&T Co., Ltd.; hereinafter referred to as “Defendant” without leave before and after the merger. The Defendant was awarded a contract for the 910 T&T construction from the Kim Jong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Kim Jong-gun, Inc. for the construction of a river (hereinafter referred to as “GG construction”) on March 28, 2013.

3) The construction of a chimney among the above earth construction works (hereinafter “instant construction”).

B) The construction period from March 28, 2013 to December 31, 2014, and the total contract amount was set at KRW 6,358,00,000 (hereinafter “instant subcontract”).

(2) On April 4, 2013, the Plaintiff: (a) imported the slice-form equipment (hereinafter “instant equipment”) from Austria to lease it to the river construction among the instant construction works; (b) provided the comprehensive Slice-based service on the assembly, cancellation, operation, and management of equipment; (c) entered into a contract with 1,270,000,000 rental fees (excluding value-added tax) and the lease period of 22 weeks.

3) On December 8, 2013, 201, the construction of the river, despite the completion of the stack structural construction, was not dismantled and was charged with the additional rent after the completion date of the construction. On March 2014, 2014, the Plaintiff agreed to settle the said rent, etc. to be paid to the Plaintiff by the construction in the river at KRW 73,526,350. (4) On March 17, 2014, the construction in the river transferred KRW 733,526,350 out of the construction cost claim based on the instant subcontract, which the construction in the river against the Defendant, and “the instant assignment of claim” (hereinafter referred to as “the instant transfer of claim”).

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