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(영문) 서울중앙지방법원 2015.06.26 2014가합583654
공사대금
Text

1. Defendant Busan High Sea Free Economic Zone Authority: (a) KRW 342,146,560 for the Plaintiff and its related amount from September 12, 2014 to June 2015.

Reasons

A. On January 9, 2014, the Public Procurement Service ordered the Defendant Busan Sea Free Economic Zone Authority (hereinafter referred to as the “Defendant Free Economic Zone Authority”) to take the place of ordering the two-way Construction Co., Ltd. (Seoul Central District Court rendered a decision to commence rehabilitation procedures on the two-way Construction Co., Ltd. (Seoul Central District Court No. 2013hap291, Jul. 25, 2014) and decided to terminate rehabilitation procedures on March 26, 2015 as the above court No. 2013hap291, Mar. 26, 2015; hereinafter referred to as the “Defendant Co., Ltd”).

B. On March 23, 2009, the Plaintiff received a subcontract for the classical production installation works (hereinafter “instant construction works”) from the Defendant Company for the contract amount of KRW 6,028,000,000, among the classical construction works for building roads between small and medium enterprises (hereinafter “instant construction works”).

(hereinafter “instant subcontract”). The instant subcontract was changed several times by December 31, 2014, and became KRW 6,371,200,000 of the contract price.

C. On October 31, 2013, the Plaintiff during the instant construction work, for the payment of the subcontract consideration claimed by the Defendant Company to the Defendant Company, the Defendant Company issued, on October 31, 2013, electronic bills, which form the face value of the Plaintiff as of March 31, 2014, 342,146,560 at face value.

On December 6, 2013, the Plaintiff sent to the Defendant Company a letter to the effect that “The Plaintiff received KRW 342.1 million of the construction cost on October 2013 (B2B electronic bills/ maturity “14.31.31.”), and confirmed the construction cost on November 2013, 2013, it is deemed that the normal receipt of construction payment is difficult due to the current cause of return. Therefore, the Plaintiff requested the cancellation of the issuance of B2B electronic bills, which is KRW 342.1 million of the construction cost on October 2013, 2013, and the construction cost on October 342, 2013, KRW 228.8,000,000,000 of the construction cost on November 228, 2013, and that the direct settlement of payment of the ordering authority is emuliably made.”

E. The construction of this case.

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