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(영문) 서울중앙지방법원 2017.03.30 2016가합548426
사해행위취소
Text

1. All of the instant claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Status 1 of the Parties is as follows: Ebergina Co., Ltd. (hereinafter “Ebergina”)

) The Gangseo-gu Seoul Fire Prevention Zone 612-242, 275 ground officetels (hereinafter referred to as “instant officetels”) shall be the instant officetels.

) A new operator of the business, who is a corporation, Cheongchik Construction Co., Ltd. (hereinafter “Cheongchik Construction”).

(2) The Plaintiff is a company that aims at electrical construction business. A. The Plaintiff is a company that engages in electrical construction business.

On June 1, 2015, the Plaintiff entered into a subcontract for the instant electrical construction (hereinafter “instant electrical construction subcontract”) and entered into a subcontract for electrical construction (hereinafter “the instant electrical construction subcontract”), which was subcontracted to KRW 152,90,000,000 (hereinafter “the instant electrical construction subcontract”) among the instant studs and the instant studs construction works.

B. On December 21, 2015, the Plaintiff drafted the instant letter of commitment (hereinafter “instant letter”) between Ebergniene and Cheongchina, Cheongchina (hereinafter “instant letter”) and its main contents are as follows.

With respect to the payment of the cost of the construction of the instant studio dives construction of the instant studio and the contractor, the Plaintiff of the instant studio dives and the subcontractor of the electrical construction shall agree as follows:

1. With respect to the unpaid construction cost and additional construction cost (including contract amount of KRW 253 million and value added tax) among the above-mentioned electrical construction (including construction cost of KRW 250,000,000 and KRW 30,000 on December 21, 2015 and KRW 20,000 on January 11, 2016 shall be payable jointly and severally to the subcontractor, and the remaining construction cost shall be payable in proportion to KRW 5,00,000 per actual income at the time of each of the above-mentioned officetels after completion, and the payment deadline shall be 30 days after completion.

However, 11 rooms (601/602/605/607/701/707/807/807/1001/1005/1007) provided as security for the payment of the construction cost of other units of work on the spot and the filling-up household (705/805/905) are excluded from those subject to proportional payment of the construction cost.

2. Paragraph 1.

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