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(영문) 서울동부지방법원 2017.05.30 2015가단121974

사해행위취소

Text

1. It was concluded on December 19, 2014 between the Defendant and B regarding each real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. B Co., Ltd. (hereinafter “B”) is an executor who has been running a new apartment house construction project (hereinafter “new apartment building project in this case”) on the land outside Asan City and 13, and D is a representative director of B, and the Defendant is a person who actually operates B as an internal director of B.

B. On September 25, 2013, the Plaintiff entered into a project management service contract (hereinafter “instant service contract”) with the content that B, as to the new construction project of multi-family housing in this case, requests the Plaintiff to establish a project plan, select a contractor, sell in lots, and plan marketing necessary for the implementation of a multi-family housing development project, and that the Plaintiff will provide consulting and performance services on the said services to B.

C. The Plaintiff had a claim for service charges against B by performing the instant service under the instant service contract. However, on the ground that B violated the instant service contract, including only a part of the Plaintiff’s payment, and the transfer of the land for the instant new construction project to Ess branch, the Plaintiff filed a lawsuit seeking payment of service charges, etc. against B, D, and Defendant on January 12, 2015 with the Seoul Central District Court No. 2015hap502683, Nov. 26, 2014; the said court dismissed the Plaintiff’s claim for damages charges of KRW 148,000,000 from November 26, 2014 to 16,000 to 16,000,000 per annum from the following day to November 26, 2014 (hereinafter “B”) to the Plaintiff’s claim for damages charges of KRW 328,000,0000 to 261,000,000 per annum 1616.2.

On the other hand.