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(영문) 수원지방법원여주지원 2017.11.02 2016가단54034
사해행위취소
Text

1. As to the buildings listed in Appendix 1:

A. A contract of gift dated March 28, 2016 entered into between Defendant B and D.

Reasons

1. Facts of recognition;

A. On March 30, 2015, D Co., Ltd. (hereinafter “instant installation”) between the Plaintiff and the Plaintiff on March 30, 2015, and the half-Automatic Packaging Corporation of the Chungcheongnam E plant (hereinafter “instant installation”).

(2) The contract under which D will receive the contract for the payment of KRW 670 million and KRW 180,000 from the date of the construction period contract (hereinafter referred to as “instant contract”).

(2) At the time, D and the Plaintiff agreed to the effect that “When D did not manufacture and install mechanical facilities within the construction period, the Plaintiff may claim to D an amount equivalent to 1/100 of the contract amount or deduct the balance from the balance on the number of delayed days.” However, D did not complete the instant construction work even if it received the payment from the Plaintiff for the total amount of KRW 664,200,000 from November 23, 2015 as the price under the instant contract, and the instant construction work was suspended on March 12, 2016.

3) On June 24, 2016, the Plaintiff filed a lawsuit against D on June 24, 2016, seeking restitution from the rescission of the instant contract (return of the price already paid) and delayed delay compensation, etc., with the Daejeon District Court Branch Branch Office 2016Kahap20172. On August 9, 2017, the said court rendered a judgment in favor of the Plaintiff on August 1, 2017, “D rendered a final judgment on the claim against the Plaintiff for delayed delay of payment of KRW 314,132,960, excluding 330,067,040,000,000,000,000 won for delay from October 1, 2015 to May 3, 2016, and damages for delay of payment of KRW 434,132,960, and any damages for delay of payment thereof (hereinafter referred to as “Plaintiff’s claim”).

B. B. D Co., Ltd. (a) concluded a donation contract with Defendant B, the owner of which was the Plaintiff, on March 28, 2016, regarding the building listed in the separate sheet No. 1 (hereinafter “the instant building No. 1”).

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