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(영문) 전주지방법원 2018.08.23 2017가합925
사해행위취소
Text

1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 242,246,80 and the interest rate thereon from April 7, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant Company entered into a contract for metal hold construction works between the Plaintiff and the Defendant Company regarding a number of buildings, such as metal hold works for the Defendant Company and Gun-si ground neighborhood living facilities D, metal hold works for the city-type residential housing E in Gunsan-si, metal hold works for the military city-type residential housing, metal hold works for the Gun-si ground business facilities in Gun-si, and metal hold works for the Gun-si H neighborhood living facilities in Gun-si, and the metal hold works. 2) The total amount of construction cost completed according to each construction contract that the Plaintiff entered into with the Defendant Company as above from September 16, 2013 to February 26, 2015, and the Plaintiff received KRW 751,000,000 from the Defendant Company during the period from September 16, 2013 to February 26, 2015.

B. On June 24, 2016, the Defendant Company entered into a contract for construction works between the Defendant Company and Ysan-si (hereinafter “instant construction works”) and the construction of the C development project (hereinafter “instant construction”).

As to the construction period from July 4, 2016 to January 2, 2018, the contract for the construction work was concluded upon setting the construction cost of KRW 8,012,48,000 (hereinafter referred to as “the claim for the construction cost against the Defendant Company following the said contract for the construction work”) as the instant contract for the construction cost claim.

(2) On June 24, 2016, the Defendant Company concluded a subcontract on each part of the instant construction with 16 subcontracting companies, including a limited liability company, and submitted a written statement stating that the subcontractor agrees to the direct payment of the subcontract price from the following cities, the ordering person, and that on the same day, the subcontractor would pay the subcontract price directly to the subcontractor under certain conditions.

3 The construction work price of this case is the starting point between the subcontractor and the subcontractor until August 2017.

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