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(영문) 인천지방법원 2017.02.17 2016가단1426
공사대금
Text

1. The defendant shall have the amount of KRW 4,079,750,000 or the amount equivalent to the above amount from the receiver A of the rehabilitation debtor, Gyeongnam Company.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation with capital of KRW 700 million established mainly for the purpose of soundproofing and manufacturing and installing sound walls, which is determined by the Framework Act on Small and Medium Enterprises. The Plaintiff is a corporation with capital of KRW 179,015,640,000, which is not a small and medium enterprise owner as defined by the Framework Act on Small and Medium Enterprises.

B. Around April 2009, the Defendant gave a contract for the construction work of Ulsan-Magpo-Poon 8 tools, reflectrs facilities and other construction work (hereinafter “instant construction work”) at a price of KRW 71.5 billion to a company south-gu.

C. On March 7, 2014, the Plaintiff received a subcontract for the manufacture, supply, and installation of soundproof walls from March 7, 2014 to April 18, 2014 (including value-added tax (including value-added tax), contract amount of 738,980,00 won (including value-added tax), and payment to be made within 60 days after the acquisition of an object, from March 7, 2014.

On April 18, 2015, the Plaintiff concluded that the manufacturing, supply, and installation of soundproof walls was completed, and around June 16, 2015, the Plaintiff agreed to settle the construction cost (including value-added tax) of the said subcontract with the Chungcheongnam-gu enterprise and the said subcontract price of KRW 719,40,000 as KRW 654,00,000 for the final subcontract price of KRW 1.1.

E. The Plaintiff received payment of KRW 528,60,000, in total, KRW 110,000 on July 31, 2014, KRW 303,710,000 on August 27, 2014, KRW 59,950,000 on May 5, 2014, KRW 222,000,000 on March 20, 2015, and KRW 33,000,000 on March 26, 2015.

F. On April 7, 2015, Gyeongnam Company was decided to commence rehabilitation procedures by the Seoul Central District Court (2015 Gohap 10070 : custodian A) and rendered a decision to grant authorization on the rehabilitation plan on February 3, 2016.

G. On July 24, 2015, the Plaintiff filed a lawsuit claiming KRW 528,660,00 against the administrator A of the Gannam Enterprise, Incheon District Court 2015da42611, the amount of unpaid subcontracted construction cost of KRW 190,740,00,000, - the amount of KRW 528,660,00,000.

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