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(영문) 의정부지방법원 2020.08.21 2017가합55299
주주권확인
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. around 2012, Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) awarded a contract to D Co., Ltd. for the construction of penture (hereinafter “instant building”) on both land E (hereinafter “instant land”) (hereinafter “instant construction”). D Co., Ltd subcontracted the instant construction to F Co., Ltd. (hereinafter “F”) on June 18, 2012.

F has completed the construction of reinforced concrete around November 2012, and on December 7, 2012, the F agreed to settle the unpaid construction cost with the Defendant Company as KRW 2,419,870,00 (including value-added tax).

B. After that, while the Defendant Company was unable to carry out the instant construction due to financial difficulties, it awarded a contract to F on September 2, 2013 for the remaining portion of the instant construction project and ancillary civil construction works (including value-added tax) with F on September 2, 2013 (hereinafter “instant contract”). The main contents are as follows.

Terms and Conditions of Contract for Construction Works

1. The construction cost payment method 1) "B (F)" includes additional taxes to be paid from "A (Defendant Company)" shall be the total of KRW 2,424,870,000 and KRW 3,806,00,000 of the existing structural aggregate construction cost of this construction contract plus KRW 3,806,870,000. 2) The remainder shall be paid in cash within 45 days after completion and the remainder shall be paid at least KRW 4,000,000,000 and the principal shall be paid at the end of each month after the completion of each month at the end of 15 months after the completion of each month.

5. If “A” is unable to comply with the foregoing paragraph 1, “A” is reverted to “B (F)” any of the rights given up and given up all the rights given up on the land and above ground in the annexed sheet of land.

6. “B(F)” may be loaned and used within the scope of KRW 1,500,000 as security in the annexed sheet.

8.Separate Works 1.

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