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(영문) 인천지방법원 2015.10.16 2015나51531
사해행위취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On September 2013, the Plaintiff filed a lawsuit against Suwon District Court Sung-nam Branch 2014Kadan8904 (hereinafter “Nonindicted Company”) seeking payment of goods priceing KRW 70 million based on the payment confirmation issued by the Nonparty Company and damages for delay thereof, and the said court rendered a judgment on July 9, 2014 that “the Nonparty Company shall pay to the Plaintiff KRW 70 million and damages for delay.”

B. The assignment of claims by the non-party company 1) The forest construction company (hereinafter “the forest construction company”) is limited to the non-party company

(A) On August 16, 2012, Nonparty Company: (a) executed a reinforced concrete construction project among the project for housing reconstruction of apartment housing in Samcheon-ro, Samcheon-ro, Jeju-do, and apartment housing (hereinafter “instant construction”) to Nonparty Company.

A) subcontracted the construction cost of KRW 12,012,229,620 to the 12,000,000,000,000,000,000,000,000,000

(2) Around January 15, 2013, Nonparty Company accepted the said subcontract from Madro Construction. (2) On the other hand, around October 15, 2013, Nonparty Company terminated the said subcontract as of September 30, 2013 between Madro Construction and the Development of the Treatment Industry, and determined the progress payment amount to be KRW 4,459,570,463. Studio Construction succeeded to the outstanding amount and the remaining construction price to be received from the development of the treatment industry and agreed to perform the instant construction.

3. On October 15, 2013, the treatment industry development, studio construction, and the non-party company shall pay 80 million won out of the construction payment that the treatment industry development should pay to the non-party company for studio construction, directly, to the non-party company as part of the remainder of the construction payment that the studio construction should pay to the non-party company, and the 30 million won out of which shall be paid until November 15, 2013, and the remaining 50 million won shall be paid until December 15, 2013.

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