사해행위취소
1. All of the plaintiffs' lawsuits against the defendants are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Basic Facts
The plaintiffs were awarded a subcontract for the construction of the Seo-gu Eth (hereinafter referred to as the “instant building”) from the company D (hereinafter referred to as “non-party company”) and completed the construction work around November 2012, but did not receive the construction cost from the non-party company.
Accordingly, on December 17, 2013, the payment order for Plaintiff APS Construction Co., Ltd. issued a payment order against Nonparty Co., Ltd. with the Gwangju District Court 2013 tea10839, Jan. 7, 2014, stating that “The UPS Construction Co., Ltd. shall pay to the Plaintiff 354,000,000 won and the interest rate of 20% per annum from December 24, 2013 to the date of full payment.”
Plaintiff
On November 19, 2013, 2013, the Taebu General Construction Co., Ltd. filed a lawsuit against the non-party company seeking the payment of construction cost by the Gwangju District Court Decision 2013da48222, and concluded a mediation to the effect that “The non-party company shall pay to the Plaintiff in installments the amount of KRW 70,300,000, and if the repayment of each installment is delayed, it shall pay damages for delay at the rate of 20% per annum from the date of delay to the date of full repayment.
Plaintiff
A On December 18, 2013, a payment order was finalized on January 7, 2014, stating that “The non-party company shall pay to the Plaintiff 16,90,000 won and 20% interest per annum from December 24, 2013 to the date of full payment” by filing an application with the Gwangju District Court for payment order with the non-party company as the Seoul District Court 2013 tea10851.
On September 28, 2012, the non-party company obtained approval for the use of the instant building on October 17, 2012, and from around October 17, 2012 to around the first and third floors of the instant building, and from around April 5, 2014, operated an entertainment drinking house, on May 20, 2014, the non-party company entered into a contract with the Defendants to transfer corporeal movables (hereinafter “each movable property of this case”) in the attached Table 1, which are all cogents in the age club of the instant building and the entertainment drinking club in the instant building, to KRW 100,00,000.