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(영문) 광주고등법원(전주) 2017.12.21 2016나12248
사해행위취소 등
Text

1. The amount of the judgment of the court of first instance ordering the payment under the following among the parts against the defendant limited liability company B of the plaintiff B.

Reasons

1. Basic facts

A. The construction contract between the Plaintiff Young-Jung and Defendant D was changed to the current trade name through the construction of the Plaintiff Young-Jung-Jung Construction (former mutually effective construction)

(A) On March 4, 2013, Defendant D’s building indicated in the separate sheet No. 1 (hereinafter “instant building”).

) From March 8, 2013 to April 17, 2013, the construction period of incidental civil works among new construction works (including additional taxes) was 220,000,000 won for construction cost, and from March 8, 2013 to April 17, 2013 (this later construction period was changed on May 30, 2013).

2) On May 6, 2013 to July 31, 2013, the contract for construction work was concluded on the basis of the following: (a) Plaintiff Young-Jung case and Defendant D entered into an additional subcontract with respect to additional civil works; (b) the construction period from May 6, 2013 to July 31, 2013; and (c) on May 30, 2013, the construction cost was KRW 115,500,000 (including additional taxes); and (d) the construction period was changed to February 28, 2014.

(hereinafter referred to as “the first construction contract” in total, of the subcontracts to the construction with Defendant D.

Plaintiff

1) Bosung Franchise Co., Ltd. (hereinafter referred to as " Bosung Franchise Co., Ltd.")

(2) On August 13, 2012, Defendant D subcontracted the instant construction of the instant building with the cost of construction KRW 197,000,000 for machinery and equipment, pipes construction among the instant new construction works. After that, in addition to the partial construction works on September 20, 2012, the total construction cost was changed from September 20, 2012 to October 5, 2012; 2) Bosung franchise filed a lawsuit against Defendant D seeking the payment of the said construction cost (Seoul East District Court Decision 2014Gahap4918).

3) Meanwhile, on January 12, 2015, Bosung franchise was declared bankrupt by the Seoul Central District Court 2014Hau100126, and A was appointed as a trustee in bankruptcy. 4) The appellate court of the lawsuit for the payment of the construction work (Seoul High Court 2014Na38472) on June 24, 2016, the court of appeal (Seoul High Court 2014Na38472) held on June 24, 2016.

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