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(영문) 서울동부지방법원 2017.02.09 2015가합103096
사해행위취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The plaintiffs 1) The plaintiffs were to acquire bonds against the Taesung Steel Industries Co., Ltd., Ltd. (hereinafter referred to as the "Seong River Industries Co., Ltd.")

(2) The Plaintiffs were not paid wages or retirement allowances from Nonparty Company as follows.

Plaintiff A, in total of the unpaid wages and retirement allowances on the date of his/her withdrawal from name, KRW 91,412,14 on October 31, 2013 and KRW 60,277,093 on October 31, 2013 Plaintiff C, Plaintiff C, September 30, 2013, KRW 41,403,490 on September 31, 2013, Plaintiff D, 63,965,875 on October 63, 2013, KRW 67,476,610 on June 25, 2013, Plaintiff E.

B. On December 26, 2008, the Defendant entered into a subcontract agreement (hereinafter “instant subcontract agreement”) with the Seoul Metropolitan Government Urban Infrastructure Headquarters on the construction works for the extension of the roads for the same line (2 sections) on June 5, 2013. On June 5, 2013, the Defendant entered into a subcontract (hereinafter “instant subcontract agreement”) with the non-party company and the non-party company on the construction works for the alteration of undergroundization (3-2 sections) from among the construction works for the extension of the roads for the same line (3-2 sections), from June 5, 2013 to December 31, 2015, the construction cost is KRW 24.94.2 million (including value-added tax; hereinafter the same shall apply).

3) On July 2, 2013, the Defendant remitted the instant construction cost of KRW 1.65 billion to Nonparty Company on the pretext of advance payment for the instant construction cost (hereinafter “Advance payment”).

(4) The non-party company continued the instant construction by September 2013 under the instant subcontract, but was unable to proceed with the instant construction from October 2013 due to the aggravation of the financial situation, etc. (5.23%).

5 The payment for the completed portion requested by the non-party company to the defendant and the amount paid by the defendant to the non-party company at the request of the non-party company shall be as follows until the non-party

The method of paying the classified claim amount and the balance of the advance payment on June 2013, KRW 184,880,000,000 for progress payment of KRW 1.655 billion on August 19, 2013, KRW 1.66 million deducted from the advance payment of KRW 1.584 million on July 2013, 2013.

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