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(영문) 서울중앙지방법원 2021.01.22 2017가합549310
공사대금
Text

1. The defendant 1,632,442,321 won to B, who takes over the lawsuit of the plaintiff A, and the plaintiff C, to the plaintiff corporation 627.

Reasons

1. Basic facts

A. (1) On February 17, 2009, the Defendant announced a bid for the construction cost of KRW 224,885,100,000 and the construction period of KRW 60 months from the commencement date of the construction work (the contract on the construction of this case) with respect to “F facilities and other construction works” (hereinafter “the construction of this case”).

2) A Co., Ltd. (A Co., Ltd. divided the construction industry portion on May 2, 2018 and newly incorporated Plaintiff B Co., Ltd., and Plaintiff B succeeded to the rights and obligations of Plaintiff B Co., Ltd. on the construction industry portion and took over the instant lawsuit.

The Plaintiff Company C (hereinafter “Plaintiff C”) and D Co., Ltd. (hereinafter “Plaintiff C”), regardless of whether before or after the establishment of the division, took over the instant lawsuit by the administrator E upon receipt of a decision to commence rehabilitation procedures as of February 27, 2018 meeting of 2018 Seoul rehabilitation court, which was decided to authorize the rehabilitation plan on October 5, 2018. Upon receiving the decision to terminate the rehabilitation procedure on November 7, 2018, the said Plaintiff took over the instant lawsuit again (hereinafter “Plaintiff D”) upon receipt of the decision to complete the rehabilitation procedure on November 7, 2018; hereinafter “no later than before or after taking over the lawsuit following the rehabilitation procedure, the joint supply and demand body with the Plaintiff’s representative. The aforementioned joint water supply and demand unit ratio is 65% for Plaintiff A, C 25% for Plaintiff C, and D 10% for Plaintiff D.

3) On April 27, 2009, the Plaintiffs entered into a contract with the Defendant for the construction work of this case with the contract amount of KRW 2,00,000,000 for the construction work of this case and the date of completion on April 27, 2009, December 10, 2009; the total completion date on April 25, 2014; the total completion date on April 25, 2014; and the total completion amount on KRW 170,372,94,00 for the construction work of this case (hereinafter “instant contract for construction work”).

4) Of the general terms and conditions of the construction contract contained in the instant construction contract (established by the Accounting Rules 2200.04-104-18, December 29, 2008; hereinafter “instant general terms and conditions”), relevant to the instant case are as follows.

ARTICLE 2 (Definition) 10. In this condition, it shall be separate.

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