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(영문) 인천지방법원 2018.07.20 2016가합59774

사해행위취소

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1. On August 9, 2016, the claims indicated in the separate sheet between the defendant and the non-party C Co., Ltd. were concluded.

Reasons

1. Basic facts

A. 1) C Co., Ltd. (hereinafter “C”) in connection with E-New Construction Works

D) D Co., Ltd. (hereinafter “D”)

From February 6, 2015, D accepted a subcontract for metal and miscellaneous works (sales facilities-2) from among the Newly constructed works ordered by F Co., Ltd. on February 6, 2015 (the amended contract was concluded on September 30, 2015).

(2) On December 23, 2015, the Plaintiff was awarded a subcontract for metal and miscellaneous goods (sales-1) among the aforementioned new E construction works (hereinafter “instant supply contract”) on December 1, 2016, and the Plaintiff was paid KRW 30,580,000 as the price thereof from C on May 10, 2016, when concluding a contract for supply of exhaust-off materials with respect to the new construction works (hereinafter “instant supply contract”). < Amended by Presidential Decree No. 27075, Feb. 1, 2016; Presidential Decree No. 277750, Jun. 30, 2016; Presidential Decree No. 27079, Feb. 1, 2016; Presidential Decree No. 27068, May 10, 2016>

B. C’s transfer 1) On August 9, 2016, the Defendant (around April 1, 2017, when the instant lawsuit was pending, its trade name was changed from “stock company G to “B” to “stock company.”

(2) The claim for the construction cost of metal and miscellaneous works (sales-1) in the E-site amounting to KRW 350,000,000,000 in the attached Table No. 1 of the attached Table No. 2, the claim for the construction cost of metal and miscellaneous works in the E-site amounting to KRW 350,000,000 in the attached Table No. 2, the claim for the construction cost of the H-site Titing work in the amount equivalent to KRW 50,000,000, and the claim for the construction cost of the H site Titing work in the amount of KRW 450,000 in the attached Table No. 2,450,000 in the amount of KRW 250,00,00 in the first site metal construction work (hereinafter “instant claim for the construction cost

(2) The assignment of claims in this case (hereinafter referred to as the “transfer of claims in this case”).

(2) On August 10, 2016, the Defendant granted C the authority to notify the transfer of the instant claim for construction price, and notified D of the transfer of the claim to D on August 10, 2016. The notification reached D on August 16, 2016.

(c) C-.