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(영문) 수원지방법원 2015.02.05 2014나14334
사해행위취소
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On February 25, 2011, Pyeongtaek-si entered into a contract between C and Pyeongtaek-si 1) The construction work of maintaining Pyeongtaek-si and F Water-prevention and drainage way (hereinafter “instant construction work”) between C and C engaged in the construction work under the trade name of D (the total length of 900 meters, width of 3 meters, height of 1.2 meters, 9 ridges, and hereinafter “instant construction”).

(2) As to the construction cost of KRW 267,081,690, and the construction period from March 2, 2011 to August 28, 2011 (hereinafter “instant contract”).

(2) On March 8, 2011, Pyeongtaek-si paid advance payment of KRW 133,540,000 to C in relation to the instant construction project. At the time, Defendant Specialized Construction Mutual Aid Association (hereinafter “Defendant Special Aid Association”) set the guarantee period from March 8, 2011 to October 27, 2011 with respect to C’s obligation to return advance payment to Pyeongtaek-si.

(hereinafter “instant advance payment guarantee”). B.

(1) On November 14, 201, Pyeongtaek-si sought the return of KRW 79,574,710 (including interest and non-interest) out of the advance payment to C on the ground that it failed to submit a detailed statement of use of advance payment, but C did not comply with it. On December 5, 201 of the same year, it filed a claim for advance payment with the Defendant Cooperative. Accordingly, on December 13, 201, the Defendant Cooperative filed a claim for the payment of advance payment with C. In order to secure the claim for advance payment under the instant advance payment guarantee agreement with C (hereinafter “instant transfer contract”).

(2) On December 20, 201, upon receipt of the consent to the assignment of claims from Pyeongtaek-si, and around that time, repayment was made to Pyeongtaek-si of KRW 83,250,400 (including interest KRW 3,675,690) as an advance payment deposit. (2) In addition, C entered into a contract for the transfer of claims in attached Form 2 (hereinafter “the assignment of claims in this case”) with Defendant B to secure the payment of the construction equipment rent amounting to KRW 10,850,00 in relation to the instant construction project on January 17, 2012.

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