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(영문) 대구고등법원 2018.06.27 2017나24879
사해행위취소
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

Reasons

1. Basic facts

A. (1) The Plaintiff’s claim for construction price as to B) between July 22, 2015 and B, the Plaintiff is deemed as the instant construction work in the south-gu H ground officetels and the multi-family house construction work (hereinafter “the instant construction work”).

(2) From July 25, 2015 to October 31, 2015, B entered into a contract with the Plaintiff for the construction period of KRW 631,80,000, and the construction cost of KRW 631,80.2) The Plaintiff claimed KRW 157,950,00,00, added the amount equivalent to KRW 139,778,880, a total of the subcontracted construction cost, materials cost, labor cost, or the obligation to pay to the transaction entity, and on October 31, 2015, B filed a claim for the completion payment of KRW 13,97,888, a total of KRW 139,78,88, a total of KRW 139,78,366, the amount equivalent to the said money for the Plaintiff’s profit, plus the amount equivalent to KRW 3% of the said money for the construction work.

3) The Plaintiff expected to be able to obtain a high loan of KRW 200,000 from the Pospo Credit Cooperative. While performing the instant construction, the Plaintiff waived the instant construction work on November 11, 2015, inasmuch as the Plaintiff did not obtain a loan due to the Plaintiff’s debt, the owner of the instant construction. (iv) On July 26, 2016, the Plaintiff filed a lawsuit against B for the claim for the construction payment of the instant construction payment against B at the Daegu District Court Branch Branch Branch Decision 2016No. 10938 (the first instance judgment).

On August 24, 2017, the first instance court rendered a judgment that “B shall pay to the Plaintiff 153,756,768 won and interest thereon 5% per annum from November 12, 2015 to August 24, 2017, and 15% per annum from the next day to the day of full payment.” The part of the Plaintiff’s claim against B in the first instance judgment became final and conclusive.

B. 1) After the Plaintiff waived the construction, B gave up the construction, B gave a contract to continue the construction of this case to AC, and AC completed the construction of this case in the name of PO, an individual business entity, by providing funds by borrowing money from the land owners, such as AG, and completing the construction of this case around June 2016.

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