사해행위취소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On November 5, 2007, C succeeded to the status of the buyer of the said land from the FJ on the part of November 5, 2007, in order to newly construct and sell the buildings with the fourth underground and the 12-story above ground level on the ground of the commercial Eable block 2,412.3 square meters within the development project area of the Nam-gu Incheon Metropolitan City D Housing Site (hereinafter “instant construction”). At the same time, C entered into a business agreement and agency contract with the two descendants Construction Co., Ltd., Ltd., Daol Real Estate Trust, and the Korean Bank, etc. around January 23, 2008, and entered into a business agreement and agency contract with the Defendant A Co., Ltd. (hereinafter “Defendant A”).
(Defendant A, in collaboration with two descendants Construction Co., Ltd., was in the position of the contractor, and thereafter came to have the status of the contractor independently). (b)
Defendant A continued the instant construction from around November 2009 to July 201, 2010, and suspended the instant construction before completion of the structural frame of the third and fourth floors underground. On January 21, 2014, Defendant A subcontracted the instant construction to Daedo Comprehensive Construction Co., Ltd. (hereinafter “Largedo Comprehensive Construction”), and on March 12, 2014, subcontracted the part of the instant construction to the Plaintiff among the instant construction.
C. On March 12, 2014, the Plaintiff, along with C and D & D Korea, in the capacity of the implementer of the instant construction project, prepared and ordered Defendant A with each of the following descriptions (hereinafter “instant payment rejection”).
(1) In order to guarantee the payment of 3,50,000,000 won in the standard subcontract agreement for construction works, the amount set forth above shall be jointly and severally guaranteed by the Plaintiff, C, and C, and C, Korea, to guarantee the payment of 1,349,68,50 won in the amount payable to Defendant A.
② In addition, the Plaintiff, a subcontractor for reinforced concrete construction, has a security for performance of contract of KRW 365,00,000 for guaranteed insurance and KRW 185,00 for a subcontractor for facilities.