사해행위취소
All of the plaintiff's claims are dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. On April 10, 2012, the Plaintiff is a sub-contractor who re-subcontracts the electricity, fire fighting, and telecommunications (hereinafter “instant construction”) among the D New Construction Works in Southern City from C, and C is a limited partnership company, a contractor, and a limited partnership company, who entered into a contract for the instant construction project (hereinafter “sub-subcontract”) and a sub-subcontracts the instant construction project from a company of Taesung Industrial Co., Ltd. (hereinafter “sub-contractor”).
B. The Plaintiff filed a lawsuit against C on the ground that part of the instant construction price was not paid part of the construction price, which was entered into with C on April 2013, 2013, the Plaintiff filed a lawsuit against C on the ground that it was not paid part of the construction price that it had to be paid under the subcontract for construction works of Office-si, Young-si, Seoul, which was concluded with C. The lower court rendered a judgment on June 26, 2015 that “C shall pay to the Plaintiff the amount of KRW 213,364,236 and the amount of KRW 185,314,236 among them, from December 1, 2013 to June 25, 2014 to June 26, 2015, and the lower court rendered a final judgment on June 26, 2016, which became final and conclusive by the Seoul High Court at issue.”
C. Around December 201, 201, C subcontracted the instant construction project with Taesung Industrial Company and the construction cost of KRW 1,391,60,000, and C agreed to pay part of the instant construction cost in the manner that C, the object of the instant construction project, reserved a progress payment at a certain rate according to the construction completion rate of the instant construction project, and paid by Taesung Industrial Company on behalf of C with the reserved funds.
(hereinafter “instant agreement”). D.
According to the instant agreement, G, as a child of C Joint Representative F, is a C’s internal director on December 29, 201 pursuant to the instant agreement, G, a C’s in-house director, entered into a sales contract with C’s asset trust and D 1021, 346,720,000, and hereinafter “the instant contract”).