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(영문) 서울중앙지방법원 2017.06.14 2017가합504119
공사대금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 135,253,572 and its KRW 4,822,240 among them, the Defendant (Counterclaim Defendant) shall have the effect on May 11, 2013.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. B B B’s trade name: Co., Ltd. E and “B”

1) B Co., Ltd. (hereinafter referred to as the “instant C-School Construction Contract”) on January 23, 2013; and B Co., Ltd. (hereinafter referred to as the “C-School Construction”).

(2) On January 29, 2013, B entered into a construction contract with the Suwon District Office of Education of Gyeonggi-do and B with respect to the Construction of a new kindergarten (hereinafter “instant kindergarten”) with respect to construction work cost of KRW 204,00,000.

(B) The instant kindergarten Corporation was completed on May 10, 2013 by referring to the instant C School Corporation and the instant kindergarten Corporation, and the instant kindergarten Corporation was completed on September 16, 2013, respectively. (b) Division and merger between B and the Defendant’s business sector, construction and construction business, and specialized fire-fighting system construction business was divided and merged with the Defendant. Accordingly, the Defendant completed the merger after division registration on August 19, 2013 (hereinafter “merger after division”).

(C) The Defendant’s conclusion of each contract for construction works (1) concluded with the Korea Land and Housing Corporation on August 28, 2012 by the instant merger after division (hereinafter “the instant merger”) with the Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”).

(2) On February 25, 2014, the Defendant succeeded to the rights and obligations under the construction contract, and the construction of a new G community service center within the broadband District (hereinafter “instant luminous District Corporation”).

(3) The Korea Land and Housing Corporation and the Defendant, on February 13, 2014, have entered into a contract for construction work with the amount of KRW 211,005,000 for the construction cost, and the Korea Land and Housing Corporation and the Korea Land and Housing Corporation and the Defendant’s electrical construction work for the Osan River (hereinafter “the instant O

A) A contract for construction works was entered into with the construction cost of KRW 344,300,000 (hereinafter the instant contract for construction works).

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