사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. C has been awarded a contract for solar production installation works from Ediston and I-school-based solar production installation works, and entered into a subcontract with the Plaintiff on June 22, 2012 between the Plaintiff and the Plaintiff for the said Hinsian-based installation works, with the construction cost of KRW 1,760,000 for the said Hinsian-based installation works, on June 25, 2012, with the subcontract with the construction cost of KRW 4,950,000 for the said I-school-based installation works and structures, and on June 26, 2012, with the construction cost of KRW 12,100,000 for the said Jinsian-based installation works.
B. Around June 24, 2012 and around October 2012, the Plaintiff completed each of the above construction works contracted by C.
C. Meanwhile, C did not pay to the Plaintiff KRW 12,810,000 out of the total amount of KRW 18,760,000 (i.e., KRW 4,950,000) (i.e., KRW 12,100,000)
(hereinafter “instant balance claim”) D.
On the other hand, on December 7, 2012, C transferred to Defendant (Appointed Party) and Masters (hereinafter “Defendant, etc.”) KRW 127,930,00 in the balance of the cost for the installation of solar power production to Edson sodex and KRW 61,280,00 in the balance of the cost for the installation of solar power production to Korea (hereinafter “each of the instant claims”) and notified Edson Sodson C and C of the transfer to Korea.
(hereinafter referred to as “transfer of claim of this case”). 【No ground for recognition” exists, Gap evidence Nos. 1 through 4, Gap evidence Nos. 5-1 and 5-2, and the purport of the whole pleadings.
2. Since the transfer of each of the claims in this case by C, which was in excess of the essential debt of the Plaintiff’s assertion, to the Defendant, etc. is a fraudulent act detrimental to the Plaintiff, who is a general creditor of C, the claim in this case is sought to revoke and reinstate the claim in this case. Even if the Defendant, etc., as a wage obligee, has preferential right to payment against C, wages claims against the Defendant, etc. against the Defendant, etc.