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(영문) 인천지방법원 2018.07.06 2017가합54561
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s subcontracting contract, etc. for the hotel construction project 1) Sung Lenenc Co., Ltd. (hereinafter “Manenck”)

) The hotel B in the Nam-gu Incheon Metropolitan City C (hereinafter referred to as “instant hotel”).

) New construction work (hereinafter referred to as “original construction work of this case”)

(1) is the project owner of a contract and is a contracting construction company (hereinafter referred to as “a contracting company”).

(2) From May 29, 2014 to December 31, 2014, the Plaintiff was awarded a subcontract for reinforced concrete construction work among the instant prime contract construction works, with the period of construction work completion as KRW 1,870,00,000 (including value-added tax) from May 29, 2014 to December 31, 2014; and the date of completion of the instant prime contract for the warranty period of defects; and

(3) On October 31, 2014, the Plaintiff: (a) completed construction based on the instant first subcontract; and (b) entered into a contract to alter the warranty period from May 29, 2014 to October 31, 2014; and (c) the Plaintiff entered into a contract to change the warranty period to 132 months; and (d) subsequently, from November 1, 2014 to October 31, 2015, the Plaintiff was awarded a subcontract for construction of reinforced concrete among the instant prime contract to the instant construction, as KRW 1,859,000 (including value-added tax) for construction period from November 1, 2014 to October 31, 2015.

(B) On February 27, 2015, the Seoul Central District Court rendered a decision to commence rehabilitation proceedings on March 20, 2015, and the decision to commence rehabilitation proceedings on December 15, 2015. (2) The Plaintiff filed a claim for the payment of the subcontract price against SeongbukNC on March 27, 2015, as Seoul Central District Court 2015 Gohap10046. (5) On February 27, 2015, the Seoul Central District Court rendered a decision to commence rehabilitation proceedings on March 20, 2015. (5) The Plaintiff filed a claim for payment of the subcontract price against SeongbukNC on March 27, 2015. (5) The Seoul Central District Court 2015Gahap521578, and Article 14(1)1 and 3 of the Fair Transactions in Subcontracting Act.

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