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(영문) 인천지방법원 2017.04.20 2016가합50869
사해행위취소
Text

1. On December 23, 2015, the claims indicated in the separate sheet between the Defendant and M2D Co., Ltd. were concluded.

Reasons

Basic Facts

On May 13, 2015, the Investment Trust Co., Ltd. (hereinafter referred to as "BO Construction") entered into a contract for construction of a new warehouse at the Investment Trust Co., Ltd. and (hereinafter referred to as "BO Construction") with the head of the Eup/Myeon/Dong on KRW 5,176,60,000 for construction of a new warehouse at the Investment Trust Co., Ltd. and (hereinafter referred to as "the head of the Eup/Myeon/Dong Logistics Center") on December 31, 2015; and entered into a contract for construction of a new warehouse at the Investment Trust Co., Ltd. as of December 31, 2015, with respect to the construction cost as of "the construction cost of a new warehouse at the Investment Trust Co., Ltd. (hereinafter referred to as "the head of the Eup/Myeon"; and the completion date of the construction works at the same date

As of August 14, 2015, the Plaintiff was subcontracted the portion of the panel construction among the above construction works with the payment of KRW 590,700,000 for the work cost, October 30, 2015 for the completion of the project, and the construction cost as of the end of the following month after the completion of each month.

The Plaintiff continued construction under the above subcontract agreement, but failed to receive construction cost of KRW 245,300,000 as of December 23, 2015.

Some parts related to the logistics center construction and the neighborhood living facilities construction were subcontracted by Dok Investment Construction Co., Ltd., etc., and the construction cost of approximately one billion won was not paid.

On August 19, 2015, the Defendant completed construction by entering into a subcontract for construction cost of KRW 226,380,000 for each of the Seoul National University Am2,380,000, but did not receive construction cost of KRW 171,486,00 as of November 30, 2015.

On the other hand, on December 23, 2015, the Port Construction transferred KRW 100,000,000 to the Defendant, in lieu of payment, of the construction cost claims for the inseminator Construction with respect to the “new construction of a warehouse at the Jeju Logistics Center” (hereinafter “instant assignment of claims”), and the Defendant received the same amount from the inseminator at that time.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 3, 5-1, 6-1 through 9, Eul evidence 1 to 3, and arguments.

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