사해행위취소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 13, 2011, F Co., Ltd. D’s contract price claim (former trade name: E Co., Ltd.; hereinafter “Nonindicted Co., Ltd.”) contracted to F Co., Ltd. for the new construction of H Logistics Center (hereinafter “instant construction”) from F Co., Ltd. (former trade name: G Co., Ltd.; hereinafter “F”) during the construction period from October 17, 201 to April 30, 201, by setting the contract amount of KRW 7,900,000 (excluding value-added tax) and the construction period from October 17, 2011 to April 30, 2012, F Co., Ltd. (hereinafter “instant contract price claim”).
B. (i) On January 13, 2012, the Plaintiff received a subcontract from the Nonparty Company for the construction cost of KRW 449,900,00 (including each value-added tax, which was changed to KRW 430,100,000 on April 30, 2012), and the construction period from January 13, 2012 to April 20, 2012 (it is changed to May 18, 2012 on the same day), and completed the said construction around May 2012.
B. On May 18, 2012, the Plaintiff agreed to make the final settlement of the construction amount of KRW 430,100,000 with the non-party company and the non-party company, but failed to receive it. As such, the Plaintiff applied for a payment order against the non-party company with Busan District Court Decision 2012 tea 14460 and received a payment order from the above court on August 8, 2012 that “the non-party company would pay KRW 430,100,000 to the Plaintiff,” and the said payment order was finalized on September 5, 2012.
C. (i) On December 20, 201, Nonparty Company entered into a subcontract with Defendant B Co., Ltd. (hereinafter “Defendant B”) on the part of the instant construction work, setting the subcontract period from December 20, 201 to April 19, 201, and entered into the said subcontract agreement on the part of the instant construction work (hereinafter “instant subcontract”).
B. On June 21, 2012, the non-party company directly pays KRW 439,720,000 (including value-added tax) to Defendant B, the subcontractor of the civil works.