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(영문) 전주지방법원 군산지원 2018.06.07 2017가단53390
사해행위취소
Text

1. The defendant's transfer of claims to Chuncheon Land Co., Ltd. in relation to KRW 83,500,000 among the claims listed in the attached Form.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) On December 2014, 2014, the Plaintiff is between the Nonparty Company and C Corporation within the next-si Complex D Corporation (hereinafter “instant construction”).

In relation to the verification of eligibility status and the case of the provisional disposition of eligibility status, the instant delegation contract was concluded (hereinafter referred to as “instant first delegation contract”).

(2) According to the first delegation contract of this case, the Plaintiff’s contract of this case provides that the non-party company shall pay the Plaintiff the contingent fee of KRW 11 million, the contingent fee of KRW 10 million at the time of the provisional disposition decision, and KRW 10 million at the time of the quoted judgment (7.2 billion) as the contingent fee. (2) Under the first delegation contract of this case, the Plaintiff shall act on behalf of the non-party company for the non-party company for the case of the preservation of qualified status (the Jeonju District Court 2014Kahap269). On February 4, 2015, the above court decided that “the applicant (the non-party company) deposit KRW 50 million as security for the respondent (the non-party company) or submit a guaranty insurance policy for the payment of the above amount as the insured amount, and the respondent shall not make the applicant make a temporary decision on the qualification examination of the applicant for the construction project as “the non-party’s status of the applicant for the construction project.”

3) In accordance with the delegation contract of this case, the Plaintiff took place on behalf of the non-party company in accordance with the instant case’s first delegation contract (the Jeonju District Court 2015Kahap10174), and on July 16, 2015, the said court rendered a judgment that “the defendant (the non-party company is the non-party company) is in the status of the first qualification examination subject to the first priority examination in the bidding of “C Corporation” opened on November 11, 2014, publicly announced by the non-party (the non-party company is the non-party company) to the public announcement E, which was held on December 12, 2014.” On the other hand, the non-party company was dissatisfied with the instant judgment and filed an appeal against the Plaintiff.

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