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(영문) 수원지방법원 2021.02.04 2016가합2270
공사대금
Text

The plaintiff's taking over the lawsuit of the defendant C Co., Ltd. is D's administrator under the law of the debtor C Co.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of plant design and construction business, etc., and C Co., Ltd. (hereinafter “Defendant”) is a company established for the purpose of heat-using machinery equipment business, etc., which is a rehabilitation debtor C Co., Ltd. (hereinafter “Defendant”)’s legal administrator D’s taking over the lawsuit.

B. 1) The Defendant ordered a re-subcontract between the Plaintiff and the Defendant and subcontracted the “production and installation work of H business combustion treatment facilities” located in Ulsan-gu G, Ulsan-gu, Seoul-gu, which was conducted by the F Co., Ltd. to F Co.

2) On October 2, 2015, the Plaintiff entered into a sub-subcontract (hereinafter “instant construction contract”) with the Defendant to re-subcontract the “contract for supply” (hereinafter “instant construction contract”) with the following details, among the “production and installation works of gas treatment facilities for H business” (hereinafter “the instant construction contract”).

Article 1 of the General Terms and Conditions of Supply Subcontract Contract (No. 1 certificate) (General Terms and Conditions / This Agreement was concluded between C (State) located in Geumcheon-gu Seoul Metropolitan Government International Building J (hereinafter referred to as "A") and B (State (hereinafter referred to as "B") located in Suwon-gu K Building L in Suwon-gu, Gyeonggi-do, a partner company.

Article 2 [Purpose Goods] Item 1] Item 1: H business combustion gas treatment facilities: 1. The amount of the construction contract to be paid to "A" is the amount of KRW 35,000,000 (Won 35,000,000) which is the total amount of KRW 3.0 million (Won 35,000,000).

(VAT Separate) Article 4 [1] Supply and place of installation: Ulsan Metropolitan City G site (2).

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