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(영문) 청주지방법원 2013.11.19 2013나714

사해행위취소 등

Text

1. The judgment of the first instance court, including the Plaintiff’s claim extended at the trial room, shall be modified as follows:

Defendant.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of Gap evidence Nos. 1, 4 through 7 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 8 through 10, witness G of the first instance court, witness H of the first instance court, witness G of the first instance court, witness of the first instance court, and the whole purport of the arguments as a result of the fact inquiry into the order of the first instance court and this court.

The Plaintiff filed a lawsuit against Cheongju District Court Decision 2010Kahap2655 against Cheongju District Court Decision (hereinafter “C”) and Cheongju District Court Decision 2010Kahap265, Jul. 26, 2010 that “C and G shall jointly and severally pay 60 million won to the Plaintiff until September 30, 2010, but if delay, it shall pay 20% interest per annum from the next day to the date of full payment (hereinafter “reconciliation recommendation decision of this case”).” This decision was finalized as it is.

B. On August 5, 2011, C entered into a contract with the Defendant for the transfer of the instant claim for the construction cost (hereinafter “instant contract for the transfer of claims”) with the payment of KRW 205,825,00,00 for the instant contract for D Construction Work (hereinafter “instant construction work”). On August 12, 2011, C entered into a contract for the instant construction work (hereinafter “instant contract for the transfer of claims”), and notified the Defendant of the said assignment of claims on August 9, 201.

C. On January 3, 2012, Jeju City paid KRW 108,950,00 to the Defendant for the payment of the instant construction cost, and C completed the instant construction work on May 4, 2012, and thereafter paid KRW 29,564,340 as the remainder of the construction cost to the Defendant on June 14, 2012, and KRW 67,310,660 as the remainder of the construction cost.

2. The assertion and judgment

A. According to the above facts of recognition of the preserved claim, the plaintiff's claim against C according to the decision of recommendation for reconciliation of this case is thereafter C and the defendant.