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(영문) 광주고등법원 (전주) 2018.09.06 2016나11788

사해행위취소

Text

1. The part of the judgment of the first instance against the Defendants shall be revoked.

2. The plaintiffs' claim corresponding to the revoked part.

Reasons

1. Facts of recognition;

A. On January 3, 2011, Defendant C Co., Ltd. (hereinafter “C”) concluded a construction contract and the written agreement of this case

(D) A limited liability company D (hereinafter “D”)

B) From the Jeonjin-gu P et al., the Jvalescent hospital (hereinafter “instant building”) which is a three-story medical facility on the ground of two parcels, Jeonjin-gu P.

2) Of the new construction works, the structural construction of the instant construction works (hereinafter “instant construction”).

A) determined the construction cost of KRW 746,400,000 and the construction period from January 10, 201 to March 10, 201, 201, and agreed to accept a subcontract and undertake the construction work. In relation to the construction site of the instant building, the agreement between the Parties I (A), C, G, and H (A), C, C, C, C, and C (C, C, and C) agree as follows:

The following:

1. Defendant C (B) shall pay to I KRW 640 million up to January 30, 2013.

2. The defendant G(s) and H(s) shall be paid the amount specified in paragraph 1 jointly with the defendant C.

On November 7, 2012, 2012 - A: I (person) T, C, and C: 2) I, Defendant C, and Limited Company G (the original owner of the instant building; hereinafter referred to as “G”).

(2) As to the instant construction project on November 7, 2012, Defendant H’s representative director, with respect to the instant construction project (A2; hereinafter “instant agreement memorandum”) as follows:

B) A. B. Around July 2013, Defendant G changed the name of the owner of the instant building to Co-Defendant E Co-Defendant of the first instance trial. A limited liability company E, as the owner of the instant building on July 19, 2013, completed registration of initial ownership on July 22, 2013, after obtaining approval for use as the owner of the instant building on July 19, 2013.

- - The following:

1. With respect to the above on-site construction cost and the borrowed money payable, Defendant C shall be KRW 50 million per day following the following day, KRW 10 million on October 15, 2013, KRW 80 million on November 30, 2013, and KRW 80 million on November 30, 2013;