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(영문) 울산지방법원 2019.06.13 2018가합22585
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 24, 2016, the Plaintiff, E Co., Ltd. (hereinafter “E”), and F, a local company, constituted a consortium (hereinafter “instant consortium”). Around November 24, 2016, the instant consortium entered into a contract with the Plaintiff, E (hereinafter “instant contract”). Around November 24, 2016, the instant consortium entered into a contract with the Plaintiff, E (hereinafter “instant contract”).

B. In the instant contract, G paid USD 2010,00 to the instant consortiums in advance equivalent to 5% of the construction cost, and the instant consortiums paid USD 2010,000 to G, on the condition that the instant consortiums submit a refund guarantee against the said advance payment to G.

In addition, the consortium of this case decided to submit to G a performance guarantee of the amount equivalent to 10% of the construction cost within one month after the contract of this case became effective.

C. When the Plaintiff and E were unable to obtain a refund guarantee certificate and performance guarantee certificate for advance payment due to financial difficulties, on March 28, 2017, the Plaintiff and E agreed to preferentially pay the amount necessary for the Plaintiff to E to issue a refund guarantee certificate and performance guarantee certificate, and the Plaintiff paid KRW 1,880,438,918 to E in accordance with the instant agreement.

On May 31, 2017, the Plaintiff filed a claim for KRW 632,91,432 with E for the settlement of gender, KRW 314,75,545 with the settlement of gender on July 19, 2017, and KRW 931,029,684 with the settlement of gender on August 13, 2017, according to the instant agreement, E failed to pay the remainder after paying only KRW 600,000,000,000, which is a part of the first settlement of gender.

E. The plaintiff shall pay the above settlement amount to I who is the representative director of E.

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