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(영문) 수원지방법원 2019.06.27 2018나70387
물품대금
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's additional selective claims are dismissed in this court.

3...

Reasons

1. The plaintiff is a company that operates the development and manufacturing business of radio communication equipment, and the defendant is a company that operates the construction business.

The plaintiff is the representative of the claim group of the non-party C Co., Ltd. (hereinafter referred to as the "non-party C").

(2) On January 9, 2012, the Defendant awarded a subcontract to the non-party company for the Home Network (digital community) construction work (digital community construction work at the construction site at the above apartment site) from January 9, 2012 to December 31, 2014, setting the construction cost of KRW 9,283,000,000 and the construction period of construction from January 9, 2012 to December 31, 2014.

(3) On July 11, 2014, a non-party company filed an application for corporate rehabilitation (Seoul Central District Court 2014 Gohap 10074) with respect to the commencement of rehabilitation procedures on August 12, 2014, and received a decision to commence rehabilitation procedures from the above court on April 28, 2015.

(4) As above, the Defendant demanded the non-party company to submit a construction performance plan on May 12, 2014 regarding the non-party company’s fulfillment of the instant subcontract.

Accordingly, the non-party company will complete the construction work from May 16, 2014 to June 10, 2014 by normally performing the construction work from May 21, 2014.

“The construction implementation plan was submitted to the Defendant.”

(5) Nevertheless, the implementation of the instant subcontract did not proceed smoothly, and the creditors of the non-party company, including the Plaintiff, held a creditors meeting on June 2, 2014.

The meeting of the above claim group was present by the defendant and the employees of the non-party company, and the plaintiff, the representative of the claim group of the non-party company, entrusted the production of digital records to E, and the non-party company decided to build digital records supplied by E in the above apartment.

(6) However, the plaintiff is the above claim group.

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