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(영문) 전주지방법원 군산지원 2018.05.03 2017가합11379
사해행위취소
Text

1. The defendant expressed his/her intention to transfer the claim to B in relation to KRW 287,087,342 of the bonds listed in the attached Form.

Reasons

1. Basic facts

A. The Plaintiff’s claim for the construction cost against B is a company that runs the business of installing electricity, telecommunications, and fire-fighting systems and concluded a contract for the construction work with B and completed the construction work. (2) On March 10, 2015, the Plaintiff settled the unpaid construction cost between B and B as KRW 264,00,000,000, and B shall be paid to the Plaintiff by June 30, 2016.

B. B B’s contract for construction works and the payment of the construction cost between B and B, as of June 24, 2016, and C’s new construction works (hereinafter “the instant construction works”)

As to the construction period from July 4, 2016 to January 2, 2018, the contract for the construction work was concluded upon setting the construction cost of KRW 8,012,48,000 (hereinafter “B’s claim for the construction cost in the following construction contract”) as the construction cost claim in the instant case.

(2) On June 24, 2016, B concluded a subcontract agreement with 16 subcontracting companies, including a limited liability company, on each part of the instant construction works, and submitted a written statement stating that “the case of direct payment of the subcontract price by the subcontractor,” stating that the subcontractor agrees to the direct payment of the subcontract price from the following cities, the ordering person, and that on the same day, the subcontractor would pay the subcontract price to the subcontractor directly under certain conditions.”

3) By August 2017, the following cities directly paid KRW 3,647,90,000 of the instant construction cost to the subcontractor until the time. (c) B and the Defendant directly paid KRW 3,647,90,000 of the instant construction cost. B around June 2016, the entire amount of the instant construction cost claim against the following cities is transferred to the Defendant and hereinafter “the instant assignment contract”).

The notice of the assignment of the above assignment was given to Dosan City, and the above notice was issued on June 27, 2016.

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