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(영문) 전주지방법원 군산지원 2018.06.26 2017가단51110
사해행위취소
Text

1. Transfer contract between the defendant and B on June 2016 regarding the construction cost of the C development project that the defendant and B entered into on June 2016, and the transfer of the right thereto.

Reasons

Facts of recognition

The Plaintiff entered into a contract with the Plaintiff Company B (hereinafter “B”) on the supply of ready-mixeds at the construction site B, and supplied ready-mixeds worth KRW 1,764,631,340 to B by June 2015.

On May 31, 2018, the Plaintiff filed a lawsuit against B against the Jeonju District Court Gunsan Branch (2017dan51295), claiming the amount payable out of the amount payable to B, and the said court rendered a judgment that “B shall pay to the Plaintiff the amount of KRW 174,452,225 as well as the amount calculated at the rate of 6% per annum from October 21, 2016 to February 17, 2017, and 15% per annum from the next day to the date of full payment.”

The sum of principal and interest based on the above judgment is as of June 12, 2018, which is the date of the closing of argument in the instant case, and as of June 12, 2018, the Plaintiff’s calculation method does not dispute the Defendant.

212,305,967 won = 174,452,225 won = 34,412,493 won per annum for delay calculated at the rate of 15% per annum from October 21, 2016 to February 17, 2017, calculated at the rate of 6% per annum 3,441,249 won from February 18, 2017 to June 12, 2018.

B entered into a contract for construction works and construction cost payment of KRW 8,012,48,00 of the construction cost, from July 4, 2016 to January 2, 2018, with respect to the construction works of the instant construction works, the construction period of KRW 8,012,48,00 of the construction cost, from July 4, 2016 to June 24, 2016.

(hereinafter) “B’s claim for the construction cost of the instant construction cost claim against the following cities: B, including a limited liability company on June 24, 2016, concluded a subcontract for each part of the instant construction work with the 16 subcontractor including a limited liability company, and agreed that the subcontractor would be directly paid the subcontract price from the following cities, the ordering person, and on the same day, the construction cost for the subcontractor was paid to the next-day subcontractor.

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