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(영문) 창원지방법원 2014.02.06 2012가합8161

사해행위취소 등

Text

1. Defendant B’s KRW 616,00,000 as well as 5% per annum from January 31, 2010 to February 15, 2013 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company with the objective of civil engineering, construction work, etc., and the Defendant Company is a vinyl processing company, etc.

B. On August 14, 2009, the Plaintiff entered into a contract with Defendant B on August 24, 2009, with respect to the ancillary civil works of the factory site unit for the land and one parcel outside D Kimhae-si on August 24, 2009; on December 31, 2009, the date of commencement; on December 31, 2009, the construction cost of KRW 800,000,000 (excluding value added tax); on advance payment of KRW 80,00,000; on a monthly basis, the payment shall proceed at the Plaintiff’s expense; on payment, at the rate of 50% if there is a fair rate of 50%, the remainder shall be paid after completion of the construction cost (hereinafter “instant contract”); and on the other hand, the said civil works shall be referred to as “instant construction works”.

(2) The instant construction work commenced on August 24, 2009, and thereafter on December 2, 2009, exceeded 50%, but Defendant B did not pay the price on the ground that there was no change in the use of each of the instant real estate. Accordingly, on December 15, 2009, the Plaintiff entered into a contract with Defendant B to change the construction price of the instant contract from KRW 880,000,000 to KRW 616,00,000. On January 30, 2010, the Plaintiff drafted the same content of the contract as above.

C. (1) Defendant B entered into a sales contract between the Defendants, etc.) on November 9, 201, each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) with the Defendant Company on the following grounds:

) The sales amount of KRW 1,600,000 (the contract amount of KRW 160,000,000) was paid for the contract date, the balance of KRW 1,440,000,000 was sold (the payment of KRW 1,440,000 on December 21, 201) (hereinafter the above sales contract was referred to as “instant sales contract”).

(2) On December 21, 201, Defendant Company completed the registration of ownership transfer based on the instant sales contract with respect to each of the instant real estate.