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(영문) 대구지방법원 2018.09.14 2017가합200522
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. A. Around July 2014, the Plaintiff entered into a construction contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) on the following terms (hereinafter “instant construction contract”).

In light of the fact that the registration of ownership preservation has been made in the name of Defendant C with respect to the newly constructed apartment under the instant construction contract as follows: Defendant C will be found as the ordering person and the Defendant Company as the contractor.

Defendant C, the representative director of the Defendant Company, was jointly and severally guaranteed the obligation to pay the construction price to the Plaintiff of the Defendant Company under the instant construction contract.

The actual accounts of Defendant C: The actual accounts of the Corporation: The actual accounts of the Corporation: The actual accounts of the Corporation, each of which, at the same year, each of which, on July 22, 2014, each of which, except for E and three parcels, each of which, at the same time: the actual accounts for the Corporation: (a) on October 10, 2014 (it may be extended for ten days) on the commencement of construction: The actual accounts for each of which, on July 22, 2014, the contract amount and the supply value: (b) KRW 1,376,00,000 shall be stated in the certificate of evidence A(2) contract, but the contract amount and the supply value shall be KRW 1,376,00,000, while this is written in writing and the actual agreed construction price is 1,370,6

The actual value-added tax: The rate of liquidated damages for delay: At the bottom of the certificate of contract No. 2 of the contractor A, the Defendant Company entered in the ordering column and the Plaintiff in the contractor column, but this shall be found as erroneous as seen earlier.

Defendant Company : The Plaintiff’s joint guarantor: Defendant C

B. The Plaintiff implemented a construction project under the instant construction contract and completed the construction project on June 5, 2015.

Accordingly, on June 17, 2015, Defendant C completed the registration of preservation of ownership on aggregate buildings newly constructed in accordance with the instant construction project (F and three lots G apartments, and hereinafter “instant apartment”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 respectively.

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