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(영문) 대구지방법원포항지원 2016.10.27 2015가단3462
사해행위취소
Text

1. The Plaintiff:

A. Defendant D’s KRW 100,000,000 as well as 5% per annum from July 13, 2014 to July 23, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1 against Defendant C and D) around February 2013, the Plaintiff constructed a new building of the second-story E on the ground of the north-gu Ma in Port-si (hereinafter “instant construction”) to Defendant D around February 2013.

) The contract was awarded to the contractor (hereinafter “instant contract”).

A) On March 26, 2014, where the foregoing construction work had not been properly carried out, the contract amount of the construction work in this case was set at KRW 120 million and entered into a contract for construction work: From March 26, 2014 to May 31, 2014: The contract amount: KRW 120 million: KRW 48 million (the first installment) (the payment is completed over eight times from February 13, 2013 to September 17, 2013): The other party shall be in violation of the contract amount in this case and the other party shall be in violation of the contract amount in excess of KRW 30 million (the time completion of external construction and roof construction after framework: 20 million): The other party shall be in violation of the contract amount in excess of the contract amount in this case and KRW 120 million (the time of completion of all kinds of facilities construction): The other party shall be in violation of the contract amount in excess of the final contract amount in excess of 1 million won and KRW 15 million (the damages for delay).

3) On March 26, 2014, the written contract of this case entered into between Defendant D and the couple, Defendant C guaranteed the Plaintiff’s obligation to be borne by Defendant D with respect to the instant contract (hereinafter “instant guarantee”).

(4) Defendant D had suspended the instant construction around June 19, 2014, and thereafter the Plaintiff.

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