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(영문) 부산지방법원 서부지원 2018.06.20 2017가단9181
사해행위취소등
Text

1. The Defendant shall pay to the Plaintiff KRW 144,00,000 and the interest rate of KRW 15% per annum from November 30, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On November 11, 2015, the Defendant entered into an agreement with C (hereinafter “C”) and C on November 11, 2015 on the contract for the construction of a steel 36 household loan construction project on KRW 1,225,350,000 (hereinafter “instant construction contract”).

C agreed that the above construction work should be performed through the Plaintiff, and the price shall be paid by the Defendant to the Plaintiff.

B. Although the Plaintiff completed the instant construction contract, C did not pay KRW 144,069,455 out of the construction cost. On June 28, 2017, C transferred the Plaintiff’s claim for construction cost equivalent to the same amount to C against the Defendant (hereinafter “instant transfer”) and notified the Defendant of the transfer.

On June 29, 2017, the defendant received the above notification of transfer.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 7-1, 2, Gap evidence 8, Gap evidence 9-1, 2, and the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 144,00,000,000, as claimed by the Plaintiff among the transfer proceeds of this case, and 15% interest per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from November 30, 2017 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case.

3. Judgment on the defendant's assertion

A. (1) The Defendant merely lent the name of E in establishing a construction business entity under the name of EF, and did not conclude the instant construction contract, and the said construction contract was concluded in the name of the Defendant without authority by E, and both C and the Plaintiff were well aware that E is the substantial party to the said construction contract.

(2) On August 8, 2017, the Plaintiff agreed not to claim against the Defendant for the remainder of the construction cost in lieu of the Defendant’s payment of a part of the construction cost in the instant case. The Defendant is so agreed.

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