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(영문) 인천지방법원 2020.10.08 2019가합54763
사해행위취소
Text

1. Defendant C: (a) with respect to KRW 262,259,505 and KRW 230,260,000 among the Plaintiffs, Defendant C shall be KRW 31,99,500 from May 28, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiffs are married, and Defendant C is a husband and wife, and Defendant C is engaged in construction business, etc., and the Defendants married on May 25, 2013 but divorced on May 21, 2019.

B. On March 22, 2018, the Plaintiffs concluded a construction contract with Defendant C to newly construct a detached house on the ground of Seo-gu Incheon, Incheon (hereinafter “instant construction contract”). The main contents of the said construction contract are as follows.

A written contract for construction works (out of construction): The construction period of the Seo-gu Incheon Metropolitan Government Single New Construction Works: The contract amount of 850,000,000 won for the construction works on April 5, 2018 [The contract amount of 850,000,000 won for the construction works] on December 5, 2018: the separate down payment of value-added tax (20%): 170,000,000 won for the performance bonds within three days after receipt of the 170,000 won for the construction contract: the number of payment and 100% of the balance of cash (the amount of completion as of the 25th day of each month): the payment method of 100% for the payment in cash (the rate of delay) within 14 days after the date of completion inspection: the payment of 100% of the construction amount for each day

C. From March 21, 2018 to October 8, 2018, the Plaintiffs paid Defendant C a sum of KRW 673,760,000,00, as indicated below, as the construction price in the instant table:

[Dissenting] The amount paid as of March 21, 2018: (a) on April 6, 2018, 170,000,000 on May 110, 2018, 200,000 on May 11, 2018; (b) on August 96, 2018, 200,000 on August 96, 2018; (c) on September 50, 2018, 200,000 on September 50, 2018; (d) on October 21, 200, 2000,000 on October 26, 2018; (e) on October 79, 200,000; and (e) on October 79, 200,79,0000; and (e) on June 730, 70, 2007

D. Defendant C suspended the instant construction work by December 12, 2018. The Plaintiffs and Defendant C, around January 18, 2019, prepared a letter of waiver of construction works (hereinafter “instant letter of promise”) with the following content, and a notary public obtained certification from G, etc. from a law firm as a notary public, No. 135 in December 2019.

A principal who has agreed to waive construction works may perform all the contract of this case as of January 18, 2019, on the ground that the instant construction contract was in progress under a contract on April 5, 2018, due to the use of funds (Article 11(1)3 of the contract).

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