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(영문) 서울중앙지방법원 2015.10.08 2015가합1814
채권조사확정재판에 대한 이의의 소
Text

1. Of the instant lawsuit, damages for delay shall be paid from June 26, 2012 to the date of full payment with respect to the principal of rehabilitation claims.

Reasons

1. Basic facts

A. On September 5, 2008, the debtor A Co., Ltd. (hereinafter referred to as the "debtor A Co., Ltd.") ordered a new company (hereinafter referred to as the "new company") to provide a subcontract for construction work for the mold and concrete construction work (hereinafter referred to as the "instant construction work") among the 7 construction sections of the C Apartment Construction Work contracted by the Korea National Housing Corporation (hereinafter referred to as the "new company") with the construction work cost of KRW 1,217,00,000, and the construction period from September 5, 2008 to April 30, 2010.

(hereinafter “instant subcontract”). (b)

On August 18, 2009, the new company ceased to perform the instant subcontract on the ground that the new company did not perform the contract. On September 16, 2009, the new company notified the new company that it will terminate the instant subcontract on the ground that it did not perform the contract.

C. The Plaintiff supplied the construction materials necessary for the instant construction to the new main company from September 2008 to August 2009.

On March 31, 2009, the new principal company transferred the claim for the construction cost of KRW 320,000 to the debtor company of the new principal company under the instant subcontract (hereinafter “transfer of claim”). On August 18, 2009, the new principal company notified the debtor company to transfer the above claim to the plaintiff. On August 19, 2009, the notice of assignment of claim reached the debtor company.

E. A debtor company around January 20, 2010, attached with the settlement statement stating that "the period of the instant subcontract is 64.2%, and the period of the construction work that the debtor company did not pay to the new principal company is 920,000,000 won, whichever is 348,800,000 won shall be deducted from the advance payment, and the remaining 571,200,000 won shall be deducted from the advance payment, and the unpaid period of construction work shall be terminated since the debtor company paid all wages to the employees of the new principal company."

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