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(영문) 대구지방법원 상주지원 2018.09.13 2018가합5030
사해행위취소
Text

1. The assignment contract concluded on July 1, 2016 between the Defendant and F, regarding the claims indicated in the separate sheet between the Defendant and F.

Reasons

1. Facts of recognition;

A. F Co., Ltd. (hereinafter “F”) F Co., Ltd. (hereinafter “F”).

(A) around the end of 2014, G Co., Ltd. (at the time, the trade name was “H Co., Ltd.” but the trade name was changed from August 24, 2016 to “G Co., Ltd.”;

hereinafter referred to as "G"

2) From the point of view, I and 57 lots J on the ground (hereinafter referred to as the “instant construction”).

(2) Around February 4, 2016, G drafted a statement of performance to the effect that G would pay KRW 1,760,000,000,000,000 for the adjusted amount of construction (including the additional construction amount) within two months after deducting KRW 3,350,000,000 from the total construction amount related to the instant construction work. G would pay KRW 1,760,00,000, which is the adjusted amount of construction work, within two months after completion.

3) From February 17, 2016 to the sum of KRW 3,350,00,000 in construction-related construction cost to be paid by G to F, and KRW 300,00,000 in loan and KRW 367,141,049 in financial interest and expenses, plus KRW 4,010,000 in loan and expenses, plus KRW 2,250,000 in loan and KRW 1,760,000 in loan and KRW 367,141,000 in loan and expenses, which G already paid to F (hereinafter “instant construction payment claim”).

B) The Plaintiffs agreed to settle the accounts. (B) The Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) supplied 242,025,520 won in total to F from December 24, 2014 to December 3, 2015. However, until February 29, 2016, only 106,303,70 won out of the price of the said goods was paid to F and did not receive KRW 135,721,820.

Plaintiff

A filed an application with F for a payment order against F to pay KRW 135,721,820 of the above goods price and delay damages therefor, as Daegu District Court racing support 2016Ra732, and the Daegu District Court racing support issued a payment order on September 12, 2016, and the said payment order was finalized on October 5, 2016.

2 Plaintiff B shall pay the construction cost of KRW 226,615,947.

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