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Reasons
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(영문) 서울중앙지방법원 2015.10.16 2013가합541936
공사대금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The parties 1) The Defendant is a company awarded a contract for construction works with the Korea Highway Corporation (five sections) for an order of 65 lines of motorways. (2) A was ordered to commence rehabilitation procedures on October 15, 2013 from the Seoul Central District Court (2013 Ma175) (hereinafter “instant rehabilitation procedures”). On the same day, B, the representative director of the company, was appointed as the manager and took over the instant lawsuit by A on February 28, 2014, and the said rehabilitation procedures were abolished, the Plaintiff again taken over the instant lawsuit.

(hereinafter referred to as the “Plaintiff”) is not classified before and after the process of taking over a lawsuit, except in extenuating circumstances.

1) The Defendant is the Kusan Construction Co., Ltd. (hereinafter referred to as the “ Kusan Construction”).

B) As between the Corporation and the Corporation, a subcontract was entered into with respect to the construction of soil and structures (hereinafter “instant construction”) among the construction works described in Section A(1).

2) When Gusan case was unable to continue construction in the course of performing the instant construction, the Plaintiff succeeded to the status of the said subcontract agreement on March 12, 2013 and did not specify the amount of KRW 8,325,300,000 (value-added tax separate; hereinafter the same shall apply) with the Defendant on March 12, 2013.

(2) As to the construction period from March 12, 2013 to December 31, 2015 (hereinafter “instant subcontract”).

(3) At the time of the instant subcontract, the Plaintiff and the Defendant agreed to make an increase in the amount of KRW 802,00,000 in the difference between KRW 9,128,03,365 and KRW 8,325,30,000 in the instant subcontract amount (i.e., KRW 9,128,03,365 - KRW 8,325,325,30,000, and KRW 8,325,300,000 in the amount of KRW 802,00,000 among the above KRW 802,00,000.

(c)in this case;

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