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(영문) 광주지방법원순천지원 2014.07.10 2012가합1253
공사대금 등
Text

1. The Defendant (Counterclaim Plaintiff)’s administrator C’s counterclaim of the rehabilitation company B, advance payment paid and reserve payment made on 126.

Reasons

1. Basic facts (to be deemed both a principal lawsuit and a counterclaim);

A. The relationship between the Plaintiff and the Defendants is 1) Construction of the Defendant Geum River, Construction of the Defendant Dae River, Construction of the Defendant Dae River, and Construction of Daelim Co., Ltd. (hereinafter “Tlim Construction”).

) A contracting body shall be organized on November 6, 2009, the non-party Korea Land and Housing Corporation (hereinafter referred to as the "LH Corporation") shall be called the joint contracting body.

From September 2010, the construction cost was changed to KRW 19,967,942,00.

(2) As to the construction period from November 11, 2009 to November 10, 201, the “D Construction Work” (hereinafter “instant Construction Work”).

) The co-contractor being contracted is the Plaintiff (Counterclaim Defendant, Plaintiff hereinafter referred to as the Plaintiff).

(2) The construction of Daelim, B, Defendant Geum River, and Defendant Daebu Construction (hereinafter referred to as the “former Joint Supply Company”) was selected as the representative of the Joint Supply Company. The ratio of members’ investment was 35%, B35%, Defendant Geum River Construction, 20%, and 10%, respectively.

3) Meanwhile, on February 28, 2012, B received a decision to commence rehabilitation as Seoul Central District Court 2013 Gohap34, and C was appointed as a custodian. 4) The Plaintiff reported the construction cost of KRW 1,307,656,511, which was claimed to the rehabilitation company B in this case during the period of the rehabilitation procedure set forth in the Seoul Central District Court 2013 Gohap34, and the administrator denied the above reported claim.

5) On April 11, 2013, the Plaintiff filed a request to resume the proceedings against C by the receiver B of the rehabilitation company, and the receiver C took over the principal lawsuit and the counterclaim. (b) On March 30, 2010, the Plaintiff entered into a subcontract for construction works and the additional construction works 1) between the former joint supply and supply company and the Plaintiff, namely, “the instant soil works, steel connections works, water supply and drainage works, water supply and drainage works, and secondary removal works” among the instant joint supply and supply company and the instant joint supply and supply company.

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