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(영문) 서울중앙지방법원 2015.10.28 2015가합17611
가액반환 등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The summary of the case is the case where the plaintiff asserts that the subcontract agreement of the Corporation with the Gyeongnam Company Co., Ltd. (hereinafter "Gyeongnam Company") as the rehabilitation company constitutes an executory bilateral contract, and that the contract was terminated as the executory bilateral contract. The case is the case where the plaintiff seeks payment of the remaining 201,876,654 won after deducting the progress payment of KRW 117,890,000 from the value equivalent to the performance service duty of the 319,766,654 from the value equivalent to the performance service as the administrator

In fact, on September 20, 201, the Plaintiff entered into a subcontract for construction works with the Southern-si Innovation City development project that was ordered by the Korea Housing Corporation with respect to the contract amount of 339,041,110 won and the construction period from September 20, 201 to December 31, 2012.

After the five-time alteration contract, the contract amount was changed to 356,904,00 won on October 31, 201, and the construction period was changed from September 20, 201 to December 31, 2014. On March 23, 2015, a subcontract settlement agreement (construction completion) was formulated to change the contract amount from September 20, 201 to May 31, 2015.

The instant construction works are to build a database on underground facilities by measuring the location of the underground facilities, such as waterworks and sewerage, along the pipelines of the underground facilities, by attaching self-mashackers. ① On-site surveys, ② installation of self-mashackers on the pipelines of underground facilities, ③ self-mashacker construction location surveys, ④ detection of self-mashers after rounding, ⑤ final measurement of the location of self-mashacker detection, ⑤ compilation of the fixed location, 7 structural editing, 8 establishment and operation of a database, 9 drawing production, establishment and operation of a GIS system, and 00 processes of the performance review of the Korea Land Survey Association under the Korea Land Survey Information Institute (Public Survey Work Regulations).

On April 7, 2015, the Seoul Central District Court 2015 Ma10070 decided to commence rehabilitation procedures for the company in South and North Korea, and the defendant is the administrator.

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