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(영문) 전주지방법원 2013.04.26 2011가합5102
공사대금 및 사해행위취소
Text

1. Of the instant lawsuit, the part concerning the claim for cancellation of the real estate disposal trust modification contract as stated in the Attachment 2 List 2.

2...

Reasons

1. Determination as to the claim for the agreed amount against Defendant A

A. The facts of recognition (1) Defendant A Co., Ltd. (hereinafter “Defendant Company”) is the executor of the new construction of the instant apartment building C (hereinafter “instant apartment”) located in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant apartment”) and Dongdo Co., Ltd. (hereinafter “Dongdo”) was contracted by Defendant Company for the instant construction, and the Plaintiffs were the contractors who subcontracted the instant construction from Dongdo.

(2) Around September 11, 2007, the Do governor and the Do governor ceased the instant construction and the Plaintiffs constituted a “D apartment site claim group (hereinafter “claim group”) in order to pay the construction cost for the Dong Do.”

(3) On October 15, 2007, the Defendant Company made an agreement between the Plaintiff Company (hereinafter “instant agreement”)’s Dae-gu Industry, Limited Liability Company (hereinafter “Plaintiff Company”), Seo-gu Construction, Co., Ltd. (hereinafter “instant agreement”) that represented the claim group, and the Defendant Company reached an agreement as follows.

[2] The agreement is that the defendant company shall pay 2.5 billion won out of the profits to the bond group as the amount of the bonds secured by the Corporation, and the bond group shall accept the agreement. The bond group signed in the agreement shall execute the construction request of the defendant company, i.e., the bond group, and the tax-related data related to the amount of 2.5 billion won shall be provided from the bond group.

Provided, That if the bond group fails to comply with the terms and conditions of the agreement, the defendant company may choose not to pay the agreed amount.

1. Amount paid: A total of KRW 2,500,000 (2,500,000);

2. Time of payment: One month after the completion of works.

3. Method of payment: (a) At the completion of sale in lots, the Defendant Company shall write its note of transfer on the part of the Bonds and on the side of the Bank.

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