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(영문) 서울중앙지방법원 2017.06.09 2016가합4186
공사대금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

A. The status of the parties 1) Ulsan Construction Co., Ltd. (hereinafter “UulD Construction”).

(2) The Korea Land and Housing Corporation is a company that has contracted 7 sections for the construction of the Incheon Port (2) block apartment complex construction from the Korea Land and Housing Corporation, and the Korea Land and Housing Corporation is a company that has contracted 6 blocks apartment construction.

) From the construction of Ulsan to the above construction, the construction of machinery and equipment, fire-fighting machinery, and pipes and pipes among the above construction (hereinafter “each of the instant construction”).

2) On November 29, 2013, the Seoul Central District Court rendered an application for commencement of rehabilitation proceedings as Seoul Central District Court 2013 Mahap225, and the rehabilitation procedure was commenced on November 29, 2013. However, on August 24, 2015, the Seoul Central District Court 2015Hahap125 was declared bankrupt on September 8, 2015, and the Plaintiff was appointed as bankruptcy trustee.

B. On April 26, 2012, regarding the construction contract and the instant construction contract, Hansan term Co., Ltd. (1) entered into a contract for construction works and the payment guarantee contract for Hansan term is as follows (hereinafter “instant subcontract”).

(2) On April 26, 2012 from April 26, 2012 to May 22, 2014, 2014, 5,595,580 2 of the Fire-Fighting Machinery Construction Work from April 26, 2012 to May 22, 2014, to May 22, 2014, from May 22, 2014 to May 22, 2014, 2003 superior pipes construction from April 26, 2012 to May 22, 2014 to 64, 76,000 combined construction works and 8,136,375,580) were granted payment guarantee from each of the instant subcontract contracts (hereinafter referred to as “payment guarantee contracts”) to the Plaintiff.

The warranty period of the No. 1 No. 2012012507, Apr. 26, 2012, 2012 to Aug. 2014, 2014; 894,299,090 2012020520 from Apr. 26, 2012 to Aug. 2014, 2012 to Aug. 20, 2014, 362,315,600 outstanding pipes construction works.

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