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(영문) 창원지방법원 2016.06.02 2014가합3740
공사대금 등
Text

1. The Defendant’s KRW 10,450,00 for the Plaintiff and 5% per annum from July 15, 2014 to June 2, 2016.

Reasons

1. Facts of premise;

A. 1) The Defendant (former: D Co., Ltd.) was a stock company, the purpose of which is construction business, and appointed C as a custodian upon a decision of commencement of rehabilitation as the Changwon District Court 2009hap85 on January 21, 2010. 2) Thereafter, the Defendant, upon receiving a decision of completion of rehabilitation procedures as of December 10, 2010, pursuant to the rehabilitation plan approval for the rehabilitation plan as of December 17, 2010. Upon receiving the decision of completion of rehabilitation procedures as of November 17, 2014, the Defendant took over C’s lawsuit against the receiver B of the rehabilitation debtor B on December 17, 2014.

(B) in the following, the trustee C of the defendant and the debtor corporation B is collectively referred to as the "defendant":

On March 25, 2011, the Defendant was awarded a contract for E (hereinafter referred to as “instant construction”) to KRW 2,741,311,485 (after that, due to a design change, etc., increased to KRW 4,370,220,000).

C. On October 7, 2011, the Plaintiff and the Defendant drafted a performance agreement as follows (hereinafter “instant agreement”) with respect to the instant construction project:

The date of the instant construction contract: The construction period of KRW 2,741,311,485 on March 25, 201: From June 14, 2011 (for three years from the commencement date), the D Manager C and the Vice President A shall agree on the following basis of mutual faith and faith for the smooth promotion and implementation of E projects:

Article 1 (Calculation Basis of Profits and Refund) (1) The adjusted amount shall be calculated at 90% per contract rate.

(2) Calculation basis for contract rate: Total cost of construction - four installment payments for retirement mutual-aid - Additional tax: 2,392,020,277 won. (3) The rate of contract shall be 90% when there is an increase in the E/S and design changes.

Article 2 (Timing and Methods of Making Profits and Making Refunds) The rate of contract shall be paid and settled at the time of receiving progress payments.

Article 3 (Other) (1) This Agreement shall be observed by an agreement between members on the basis of mutual trust.

(2) Matters not prescribed in this Agreement shall be subject to mutual consultation.

(3) This proposal.

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