사해행위취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Status 1) D Co., Ltd. (hereinafter “D”)
(2) The Plaintiff is a company established for the purpose of the design construction business, etc., and C is a real operator of D, and the Defendant is C’s spouse. 2) The Plaintiff is the owner of the F Hotel in Sungnam-gu, Sungnam-si E (hereinafter “F hotel”).
B. 1) Since April 201, C recommended the Plaintiff to operate accommodation business. The Plaintiff entered into a sales contract with F Hotel as the broker of C on November 10, 201, and thereafter, entered into a sales contract with D on November 16, 201, and thereafter, the F Hotel’s interior work (hereinafter “instant construction work”).
A) The contract was made between the construction cost of KRW 1 billion (excluding value-added tax) and the construction period from November 28, 201 to March 15, 2012 (hereinafter “instant construction contract”).
(2) After that, between November 29, 201 and May 15, 2012, the Plaintiff paid KRW 1,1590,000 to D totaling KRW 1,190,00,000 as the instant construction project and the modified construction cost.
C. Article 27 of the General Conditions for the Contract for the Construction Works of this case provides that “All disputes arising from this contract shall be settled by arbitration in accordance with the Arbitration Rules from the Korean Commercial Arbitration Board.” However, from March 2013, the Plaintiff filed an arbitration claim with the Korea Commercial Arbitration Board seeking payment of KRW 59.8 million against D and C and its delay damages pursuant to Article 27 (hereinafter “instant arbitration claim”). The Plaintiff asserted that from around March 8, 2013, the part of the instant construction project, which was non-construction or defective and that the defects were incurred to the FO and the FO, caused defects to D and C (hereinafter “instant arbitration claim”).
D and C filed a counterclaim against the Plaintiff for the payment of additional construction costs and A/S construction costs of KRW 56,538,00,00 and damages for delay. 2) In the instant case of the Arbitration Act No. 1311-069 (the main application) and No. 1411-0135 (Counterclaim) commenced on September 3, 2014 by each of the above applications, D and C filed a counterclaim against the Plaintiff.