사해행위취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal, including the costs of supplementary participation, are all assessed against the Plaintiff.
In fact, the Plaintiff is a person who has been awarded a contract for construction works (hereinafter “construction works of this case”) that build three buildings on each parcel of land listed in paragraphs (a), (2), (a), and (3) of attached Table 1, respectively (hereinafter “instant land”; hereinafter “instant building”; hereinafter “each of the instant real estate”).
The Defendant Intervenor is the owner who ordered the construction of this case to the Plaintiff, and the Defendant is the owner of each building of this case and the owner of each land of this case from the Defendant Intervenor’s Intervenor.
On December 23, 2013, the Plaintiff entered into a contract for the instant construction project with the Defendant’s Intervenor on the following terms regarding the instant construction project.
【Contents of Contract】
4. Construction period: Amount of contract on March 10, 2014, as of December 26, 2013, the date of commencement on March 10, 2014: Value-added tax: Value-added tax amounting to KRW 350,000,000 for each building (in the contract, it shall be KRW 35,000,000,000,000,000): 10% separate (in the case of subsequent consultation/tax invoice request, the rate of liquidated damages for delay shall be
6. 10% of the reserves shall be deposited at the time of the completion of construction works.
The Si corporation shall pay the reserved money to the contractor when submitting the "defect performance note".
7. The settlement condition 1) The intermediate payment 10% of the advance payment 10 billion won is paid to each building within 10 days after the completion of the framework construction work (100 million won for each building). However, upon the advance payment of the lease contract, the Defendant’s Intervenors shall first pay the remainder to the Plaintiff as construction cost. The Plaintiff and the Defendant’s Intervenor agreed to pay the Plaintiff KRW 150 million for the advance payment of the instant construction work by E with the Defendant’s Intervenors (i.e., the total contract amount of KRW 1 billion for each building (i.e., KRW 350 million x 3 billion) x 10% x 35 million x 10% x 10%.
The date of completion of the contract after the delegation and completion of the instant construction project.