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(영문) 전주지방법원 2017.06.28 2015가단35692
공사대금
Text

1. The Defendant’s KRW 132,450,00 for the Plaintiff and 6% per annum from November 28, 2015 to June 28, 2017, and the following.

Reasons

1. Facts of recognition;

A. 1) The Defendant is a Ulsan Construction Co., Ltd. (hereinafter “UulD Construction”)

(C) On July 1, 2014, the Korea Highway Corporation constituted a joint supply and demand organization under the method of joint performance as the representative for the construction of Ulsan and Ulsan (hereinafter “instant prime contract”) with the Seoul Highway Corporation for the construction of the 700-gu external circulation of the motorway No. 700.

(2) On July 25, 2014, the Plaintiff and Ulsan Construction entered into a contract with respect to the supply of goods related to the purchase of a temporary office (construction works) among the instant prime contract, with the content that “the period is until October 31 of the same year, and the amount is KRW 460,900,000,” and the period on November 30 of the same year was changed to November 30 of the same year, and the payment was KRW 400,290,000.

hereinafter referred to as "the contract of this case"

(3) The Plaintiff completed the construction as stipulated in the instant contract, and thereafter received KRW 242,90,000 in total as the construction cost under the instant contract until March 30, 2015.

B. As to the construction cost under the instant contract, the Plaintiff’s claim amounting to the manager of Ulsan Construction is KRW 157,30,000 for the construction cost that the Plaintiff did not receive (i.e., the changed construction cost of KRW 400,290,000 for the changed construction cost of KRW 242,90,000 for the changed construction cost of KRW 242,90,000 for the changed construction cost of KRW 400 for the changed construction cost).

3) However, some of the above construction costs were converted into rehabilitation claims according to the Ulsan Construction’s rehabilitation plan to substitute for repayment. Accordingly, as of July 3, 2015, the Plaintiff was 24,853 share (the face value of KRW 5,000, hereinafter the same) as of July 3, 2015.

corporation is assigned as new shares, but in the same year

7. 15. Stocks (reconform procedures) were in progress, and 4,970 shares were allocated as of December 31 of the same year.

4. On the other hand, according to the rehabilitation plan of Ulsan Construction, rehabilitation claims.

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