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(영문) 서울중앙지방법원 2014.06.11 2012가합101898
수익금
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

On the premise of the construction contract, E&T development Co., Ltd. (hereinafter “E&T”) entered into a contract with the Postal Construction Co., Ltd. (hereinafter “E&T”) on September 21, 2004, between the construction cost of the above building and the construction cost of KRW 14,190,000,000, for the construction work.

Postal construction has been executed with construction costs of KRW 6,730,000,000, and the construction has been suspended from January 31, 2008.

Up to that time, E&T paid KRW 2,538,00,000 as construction cost.

On September 30, 2008, a Postal Construction Manager filed a lawsuit against A&T in order to pay the remainder of the construction costs and loans, and “A&T shall pay E&T construction KRW 5,824,477,373 [i.e., construction cost = KRW 4,192,00,000 [i.e., KRW 6,730,000 in - KRW 2,538,000 in - KRW 2,538,000] and the delayed payment was finally determined by a judgment in favor of a part.

(Seoul Central District Court Decision 2008Gahap95217 Decided October 15, 2009; Seoul High Court Decision 2009Na114549 Decided May 19, 2010). Postal construction was decided on March 21, 2008 by the Seoul Central District Court 2008Kahap12, but the rehabilitation procedure was abolished on July 6, 2012, and was decided on November 20, 2013 by the Seoul Central District Court 201Hahap1955.

On October 8, 2004, E&T industry, the primary contractor of the business agreement, is comprised of the following contents between the Defendant, who is a contractor, a postal administration construction, fund management trust, the Defendant, the Korea Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”), the Gyeonggi Savings Bank Co., Ltd. (hereinafter “Game Savings Bank”), and the Solomon Savings Bank (hereinafter “ Solomon Savings Bank”), a stock company, and the Solomon Savings Bank (hereinafter “ Solomon Savings Bank”).

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