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(영문) 전주지방법원 2016.08.26 2014가합7529
사해행위취소 등
Text

1. Defendant D Co., Ltd.: (a) from July 9, 2016, the amounting to KRW 48,000,000 to Plaintiff Clean Construction Co., Ltd. and the amount pertaining thereto.

Reasons

In fact, on March 4, 2013, Plaintiff Cheong Un General Construction Co., Ltd. (former trade name before the modification: hereinafter “Plaintiff Cheong Un General Construction”) entered into a contract with Defendant LLC Co., Ltd. (hereinafter “Defendant D”) to accept the incidental construction cost of KRW 202,00,000 (including value-added tax) for the incidental construction work among the new construction works in the separate sheet from Defendant D (hereinafter “instant construction work”) and the construction works in the separate sheet from Defendant D (hereinafter “instant construction work”). From March 8, 2013 to April 17, 2013, the period of construction period was changed from March 8, 2013 (the period of construction work thereafter was changed to May 30, 2013).

After that, Plaintiff Cheong Un General Construction and Defendant D entered into an additional subcontract for the construction cost of KRW 111,00,000 (including value-added tax) and the construction period from May 6, 2013 to July 31, 2013 with respect to additional civil works, but entered into a contract for the change of the construction period to February 28, 2014.

(hereinafter referred to as “instant First Subcontract”). Defendant D paid only part of the construction cost under the instant First Subcontract Agreement to Plaintiff Cheongbu General Construction, and the balance remains at KRW 48,000,000.

On August 13, 2012, the Universal Franchise Co., Ltd. and Defendant D entered into a subcontract agreement with Defendant D to pay for the term of KRW 197,00,000 for the construction cost of the instant construction work, and the term of construction from August 13, 2012 to September 30, 2012. On September 20, 2012, some of the construction works between Defendant D and Defendant D were added to the total construction cost of KRW 292,00,000,000 for construction period, and the term of construction period of construction from September 20, 2012 to October 5, 2012 (hereinafter collectively collectively referred to as “instant contract”).

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