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(영문) 수원지방법원 2018.08.30 2015가합70405
사해행위취소
Text

1. Nonparty I Co., Ltd.:

A. On September 24, 2012, it was concluded between Defendant E with respect to the real estate listed in the attached list 1.

Reasons

1. Basic facts

A. Nonparty I Co., Ltd. (hereinafter “I”) concluded a construction contract with the construction of the instant building (hereinafter “L”) on December 28, 2007 with a view to the construction of a new building on the ground of Suwon-si J (hereinafter “instant building”). On June 20, 2008, Nonparty I concluded a construction contract with the construction of the instant building (hereinafter “instant construction”) by setting the construction cost of KRW 5,258,000,000 (including value-added tax) and the construction period of June 30, 2010.

B. On May 10, 2010, Plaintiff A entered into a subcontract with L for the construction cost of KRW 267,300,000 during the instant construction project and completed the following creative construction.

L paid to Plaintiff A a total of KRW 90,000,000 from March 28, 2012 to April 27, 2012.

C. Around May 2012, Plaintiff B completed the subcontracted construction work with the cost of construction KRW 34,00,000,000, by setting the outer walls of the instant building from L.

L paid 20,000,000 won as advance payment to Plaintiff B.

Plaintiff

B on March 31, 2015, filed an application for a payment order of KRW 14,00,000 against L (this Court Decision 2015j167) with L, and the said payment order was finalized on May 1, 2015, because L did not raise any objection.

L was awarded a subcontract for civil engineering and structural building during the instant construction work to the non-party M Co., Ltd. (hereinafter “M”). The Plaintiff C, who is engaged in the temporary re-lease business, set and leased construction materials to be used for the instant construction to M at KRW 94,50,000, around January 2009, and I jointly and severally guaranteed the rent obligation of M.

However, M discontinued discontinued the construction due to the failure to receive the construction cost, and Nonparty N delegated his authority from L on September 2009 and continued the construction of this case by accepting all contractual relationships with M.

Afterward, N will pay the obligation of the above rent to Plaintiff C on May 3, 2010.

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