사해행위취소
1. The plaintiffs' primary claims and conjunctive claims are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. On March 17, 2016, Plaintiff A operated a construction business under the trade name of “D,” and the Defendant contracted the Plaintiff for construction work of multi-family houses on the land of 195 square meters in Hanam-si (hereinafter “instant construction work”) with construction cost of KRW 343,200,000.
B. After that, on May 18, 2016, the Plaintiff and the Defendant agreed to change the construction cost to KRW 371,316,000; 30% of the construction cost is advance payment; 40% of the construction cost is after the completion of the 3th floor foundation construction; 20% of the construction cost is after the completion of the 3rd foundation construction; 10% of the remainder is paid within 10 days after the completion of the 10th unit construction; and 10% of the construction cost as well as various human cost and removal cost are to be borne by the Defendant separately from the construction cost (hereinafter “instant contract”).
1. The ordering person shall pay the construction cost as deposit for lease; and
2. Contractor D (Plaintiff A) will resume their works upon the preparation of this Agreement.
3. A lease contract shall be made to a person designated by D as security for the payment of construction expenses under a lease contract.
4. The expenses to be paid by the project owner, such as expenses for admission, shall be paid to the contractor before completion;
5. The project owner shall assist the contractor with his best effort to create the construction cost; and
6. The contractor shall complete the construction work within 40 days after the resumption of the construction work;
Provided, That where the Corporation is delayed due to the reasons of D, the lease contract provided as security shall lose its effect as security.
C. The instant construction project was discontinued, and the Plaintiff and the Defendant agreed on September 26, 2016 (hereinafter “instant agreement on the resumption of construction”) as follows. D.
Plaintiff
B was awarded a contract by the Plaintiff for a part of the instant construction process, such as the tin of the outer wall of the building, among the instant construction works, by which, according to the instant construction resumption agreement, the Plaintiff B and the Defendant received a deposit of KRW 90,000,000 from the multi-household housing that will be newly constructed as the instant construction works.