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(영문) 의정부지방법원 2015.10.23 2014가합55502
사해행위취소 등
Text

1. The Plaintiff:

A. From December 19, 2014, 158,652,814, and the major construction company for the defendant Daeyeong Construction Co., Ltd.

Reasons

1. Facts of recognition;

A. Defendant A Co., Ltd. (hereinafter “Defendant A”) with the representative director as the representative director, contracted the construction of the building in Seocheon-si Land Co., Ltd. (hereinafter “Defendant Daecheon-si Construction”) to Defendant Daecheon-si Construction Co., Ltd. (hereinafter “Defendant Taecheon-si Construction”).

B. On March 8, 2011, Defendant Daeung Construction entered into a contract with the Plaintiff on the supply of steel materials from the Plaintiff (hereinafter “instant supply contract”). Defendant A, on the same day, jointly and severally guaranteed the obligation to pay the price for the goods of Defendant Daeung Construction.

C. In accordance with the instant supply contract, the Plaintiff supplied Defendant Grand Comprehensive Construction with steel materials of KRW 154,127,000 from March 31, 201.

As the construction of the defendant Daeung Construction failed to pay the above goods properly, on July 1, 201, the plaintiff prepared and delivered the "written pledge" to the plaintiff, and the main contents thereof are as follows:

Details of outstanding amounts - Amount: 154,127,00 won - Interest on the said amount shall be included as at the time of settlement as 10% per annum from April 1, 201.

Method of settlement

1. The sales price of goods shall be paid to a third party upon receipt of the ownership of Macheon-si C Borrowing from joint operators of the business;

2. The price of delivered goods shall be paid according to the payment of down payment (7. 20. 20. 20.) in each family in the joint development project with the Ansan clan; and

3. If the price of steel materials is not paid within the above payment date, it shall be ordered to order one household (30 square meters) from Pocheon-si.

E. Around August 201, the Defendants: (a) drafted a “urban Residential Housing Supply Contract” in relation to the Plaintiff, the seller, the Plaintiff, and the supply amount of KRW 164,520,00,00 for KRW 164,520,00; and (b) stated at the end of the said contract that “the instant contract is a collateral for tea rent and is null and void at the time of repayment.”

(f).

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