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(영문) 서울중앙지방법원 2014.06.20 2013가합57769
공사대금
Text

1. The Plaintiff:

A. 548,621,376 won for the comprehensive construction of Defendant Il-ju Co., Ltd. and its related thereto shall be from May 23, 2012 to May 23, 2013.

Reasons

1. Circumstances leading to the dispute of this case;

A. On November 201, the Defendants and Pung forest Industry Co., Ltd. (hereinafter “Pung Forest Industry”) constituted a joint supply and demand organization (hereinafter “instant joint supply and demand organization”) to jointly receive construction works for 12 sections of the construction works for the Sejong-dong Housing Site Development Zone (hereinafter “instant construction works”) from the Korea Land and Housing Corporation (hereinafter “instant joint supply and demand organization”).

After that, on November 17, 2011, the Defendants and wind industry were awarded contracts by joint implementation methods, setting the contract amount of the instant construction work from the Korea Land and Housing Corporation as KRW 29,08,782,00, and the construction period as from November 30, 201 to September 4, 2013.

B. On January 2012, the Plaintiff entered into a subcontract with the construction cost of KRW 7,700,000 for the construction work of the access road to the site of the instant construction site (hereinafter “instant access road construction”) and completed the instant access road construction work around that time.

C. In addition, from March 13, 2012, the Plaintiff was awarded a subcontract for a reinforced concrete construction work among the instant construction work (hereinafter “instant reinforced concrete construction work,” and the instant subcontract construction work, including the instant access road and the instant subcontract construction work, with the period of construction fixed from March 13, 2012 to September 4, 2013, with the construction cost of KRW 4,917,800,000 and the period of construction fixed from March 13, 2012.

(hereinafter referred to as the “instant subcontract for reinforced concrete construction,” and collectively, the instant subcontract for the access road construction is referred to as the “each of the instant subcontract”).

On the other hand, the wind industry was decided to authorize the rehabilitation plan on September 25, 2012 after the decision to commence rehabilitation procedures (Seoul Central District Court 2012 Gohap72).

E. On May 21, 2012, the Korea Land and Housing Corporation notified the suspension of construction to the relevant scenic industry on the grounds that the winding industry has not ceased the construction of this case after suspending the construction of this case, and to ensure the final flagness and confirmation of the winding industry on May 23, 2012.

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