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(영문) 서울중앙지방법원 2017.08.30 2016가합520824
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company conducting landscaping planting business, soil construction business, etc., and Defendant Il Twit-ro (hereinafter “Defendant Il-ro”) is a company conducting civil engineering and construction business, etc., and Defendant Il-ro (hereinafter “Defendant Il-ro”) is a company conducting the construction business of reinforced concrete construction business.

B. On May 1, 201, the Plaintiff entered into a subcontract (hereinafter “instant subcontract for metal and windows construction”) with regard to the Plaintiff’s subcontractor, Defendant Il Ho-man’s subcontractor, and the period of construction from May 1, 201 to July 31, 201, with respect to the construction of a dormitory-dong metal and windows (hereinafter “instant metal and windows construction”) among the construction of a new factory of Kimpo-si located in a local industrial complex in the two villages of Yangpo-si and Kimpo-si (hereinafter “instant subcontract for the instant metal and windows”).

C. On May 1, 201, the Plaintiff entered into a subcontract (hereinafter “instant contract for construction work”) with the subcontractor, Defendant Il-man’s day, and Defendant Il-man’s day from May 1, 201 to July 31, 201 with respect to the construction of a new factory of the aforesaid Kim Jong-si (hereinafter “instant construction work”). The Plaintiff entered into a subcontract with the subcontractor, Defendant Il-man’s day from May 1, 201 to July 31, 201, and the construction cost of which is KRW 616,00,000 (including value-added tax).

On August 29, 2011, Defendant Daily filed an application for commencement of rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) with the court 2011 Gohap116, and the said court publicly announced the general prohibition order on August 30, 201.

In addition, on October 19, 201, the above court decided the commencement of rehabilitation procedures for Defendant Il-il Day, and approved the rehabilitation plan on April 13, 201.

The rehabilitation procedure for Defendant Il-man's Day was completed on May 1, 2013.

[Reasons for Recognition] Unsatisfy, Gap's 1, 2, 3, .

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