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(영문) 광주지방법원 2016.11.10 2015가합57524
구상금
Text

1. Defendant C: (a) KRW 160,661,377 to the Plaintiff (Appointeds) and KRW 154,360,931 to the Appointed Construction Co., Ltd.

Reasons

1. Basic facts

A. On May 28, 2009, the Southern Construction Co., Ltd. (hereinafter “Seoul Construction Co., Ltd”) and the selector (hereinafter “Plaintiffs”) concluded a contract for construction of D High School Teachers’ Construction and Site Suspension Works (hereinafter “instant construction contract”) by dividing each share into the Administrator of the Public Procurement Service and the Southern Construction Co., Ltd., and the 51% of the Southern Construction Co., Ltd. and 49% of the Selections.

B. On December 8, 2008, Defendant C and Defendant Busan Certified Firm (hereinafter “Defendant C”) entered into a contract for construction and civil engineering design (hereinafter “instant design contract”) with the Administrator of the Public Procurement Service on December 8, 2008.

C. On April 9, 2009, Defendant Dongnam Comprehensive Supervision Corporation (hereinafter “Defendant Dongnam Comprehensive”) entered into a supervision service agreement with the Administrator of the Public Procurement Service on the part of the instant construction and civil engineering among the instant construction works (hereinafter “instant supervision agreement”), and the Defendant Daeungung Comprehensive Engineering Engineering Certified Co., Ltd. (hereinafter “Defendant Daeung Construction”) jointly and severally guaranteed the Defendant Dongnam Comprehensive Liability regarding the instant supervision agreement.

Ulsan Metropolitan City is an end-user institution that is obligated to pay the price for the instant construction, design, and supervision contract concluded by the Administrator of the Public Procurement Service pursuant to Article 2 subparagraph 4 of the former Public Procurement Business Act (Amended by Act No. 13817, Jan. 27, 2016) and Article 5-3 of the same Act.

On the other hand, on April 1, 201, Nam Young Construction filed an application for rehabilitation with the Gwangju District Court 201 Gohap12, and on May 12, 201, the above court rendered a rehabilitation decision and the rehabilitation plan approval order was issued on December 19, 201.

E. Defendant C subcontracted the design of the portion of civil engineering among the instant design contract to the Non-Party YOB Co., Ltd. (hereinafter “NN”), and Defendant C again subcontracted to the Habbbus S&D Co., Ltd. (hereinafter “Habbus”).

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