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(영문) 서울중앙지방법원 2015.11.04 2015가합533571
공사대금지급청구의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. 1) The conclusion and amendment of the contract refers to Defendant Samsung C&T Co., Ltd. (hereinafter “Defendant”) before the merger with Samsung C&T Ltd.

(1) On May 11, 201, the Plaintiff and the New Monthly Atomic Energy Corporation (hereinafter “instant construction”) among the main facilities of the Plaintiff and the New Monthly Nuclear Energy Corporation 1 and 2.

(2) As to the contract with the Plaintiff, the contract for the construction cost of KRW 276,793,00 and the construction period of KRW 276,793,00 is determined from May 12, 201 to January 31, 2013 (hereinafter “instant contract”).

(2) The Plaintiff and the Defendant concluded the instant contract on five occasions from July 6, 2012 to March 19, 2014, and the construction cost was finally KRW 4.98,344 million.

B. On August 26, 2013, the Plaintiff filed an application for commencing rehabilitation procedures with Suwon District Court 2013 Gohap80 on August 28, 2013, and received a preservative measure and a comprehensive prohibition order from the said court on August 28, 2013, and received a decision to commence rehabilitation procedures on September 12, 2013.

C. The Defendant directly paid the Defendant’s construction machinery rental proceeds to the Plaintiff, as to the instant construction machinery rental proceeds, directly paid KRW 258,08,600 in total on January 10, 2014 and KRW 3,465,00 in March 31, 2014, when he/she requested the Plaintiff to pay the rental proceeds of construction machinery around the end of November 2013 or around February 20, 2014.

1) A construction machinery rental business operator who entered into a contract with the Plaintiff regarding the instant construction project filed a report on the rental amount of each construction machinery as a rehabilitation claim in the rehabilitation procedure against the Plaintiff. Each of the above amounts is KRW 259,369,100, and the claims related to the instant construction project are KRW 251,816,600. 2) The Plaintiff is the rehabilitation claim, and the Plaintiff is the rehabilitation claim, and the principal and interest accrued prior to the commencement of the rehabilitation claim are 32% in cash and 68% in lieu of repayment due to the issuance of new shares issued through conversion into equity, and the said rehabilitation plan was formulated on January 2014.

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