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(영문) 전주지방법원 군산지원 2018.05.17 2016가합12375

사해행위취소

Text

1. Defendant A Co., Ltd.: (a) KRW 260,869,98 on the Plaintiff and 6% per annum from January 19, 2017 to April 24, 2018.

Reasons

1. Basic facts

A. A. A contract for construction work between the Plaintiff and the Defendant Company was entered into between around 2011 and around 2013 with the Defendant Company to enter into a contract for multiple construction works, including the construction of a new ground building D and the construction of a new ground building E, and the construction of the said new building. 2) While the Plaintiff entered into a contract with the Defendant Company for construction work, the contract was entered into on September 24, 201 with the amount of construction cost of KRW 407,00,000 (including value-added tax; hereinafter the same shall apply) and the construction cost of the new ground construction and soil construction (hereinafter “F construction”). However, on February 7, 2013, a standard subcontract for construction work agreement was entered into with the effect that the construction cost increases to KRW 528,00,000 (hereinafter “the contract”).

3) As above, the total amount of the construction cost that the Plaintiff completed until April 5, 2014 pursuant to each construction contract entered into with the Defendant Company is KRW 1,310,670,00 (Provided, That the amount calculated on the premise that the FF construction cost is KRW 528,00,000, as stated in the modified contract). The Plaintiff was paid KRW 1,049,80,000 among the above construction cost between February 1, 201 and April 2, 2014 by the Defendant Company. (B) The Defendant Company entered into a construction contract between the Defendant Company and the Hysan-si on June 24, 2016 and the C New Construction Project (hereinafter “instant construction contract”). As for the construction period from July 4, 2016 to January 28, 2018, the construction cost was set at KRW 1,049,000 among the above construction cost.

(2) The Defendant Company entered into a subcontract for each part of the instant construction works with the 16 subcontractor including a limited liability company on June 24, 2016, and the subcontractor entered into a subcontract for each part of the instant construction works with the 16 subcontractor, who is the ordering person.