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(영문) 서울중앙지방법원 2016.10.07 2015가단5215604
사해행위취소
Text

1. As to the paddy field B 8,289 square meters in Ansan-si:

A. On December 3, 2014 between Defendant A and Incorporated Agricultural Company C.

Reasons

1. Basic facts

A. On September 10, 2012, C Co., Ltd. (hereinafter “C”) entered into a construction agreement with D (mutual name: E) on the land that included an area of approximately KRW 7,834 square meters (hereinafter “instant real estate”). D subcontracted the said construction work to the Plaintiff and F on September 10, 2012.

B. The Plaintiff and F had performed the above construction under the above contract, but failed to receive 200 million won including material cost and personnel expenses from D, and thus suspended the said construction.

C. Accordingly, on December 2012, C renounced the above construction work between D, the Plaintiff, and F, and C agreed that C will take over the material cost and the personnel expenses obligation against D’s Plaintiff and F.

C On December 20, 2012, between the Plaintiff and F, entered into a contract to build a vinyl house with the following content:

The content of contract construction: B’s total construction amount of 920,00,000 won: - The total construction amount of 40,000,000 won - The remaining amount: the construction period of 880,000,000 won: the payment terms-25,000,000 won from December 20, 2012 to February 15, 2013: January 15, 2013; - the amount of 25,000,000 won: February 5, 2013 - The remainder: C leased “G” to the extent of 80% of the rental guarantee amount deposited on February 28, 2013; and if the remainder falls short of the net amount paid on March 5, 2013, the remainder shall be paid on March 5, 2013.

E. The Plaintiff supplied materials according to the above contract, and F supplied human resources to perform the said construction work, and the said construction work was completed on February 15, 2013.

F. C paid KRW 150,000,000 to the Plaintiff on March 28, 2013, and KRW 10,000,000 on August 1, 2013.

G. On December 8, 2014, the Plaintiff and F filed an application with the Gwangju District Court for the conciliation of the construction cost with respect to C on December 8, 2014, and on the grounds that C raises an objection as to the decision substituting the conciliation of the said court, the said case is the case for the instant construction cost of Gwangju District Court 2015Gau12537.

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