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(영문) 대전지방법원 2018.08.14 2018나100050
사해행위취소 등
Text

1. Revocation of the first instance judgment.

2. As to each real estate listed in the separate sheet:

A. On June 30, 2016 between the Defendant and B

Reasons

Basic Facts

The Plaintiff entered into a guarantee insurance contract (payment) with respect to each subcontract of Dwork, E Work, F Work (1 Tools), G Work, and H Work (2 Sections) entered into with Hyundai Industrial Development Co., Ltd. (hereinafter “C”) as stated in attached Table 1 to 7, with respect to each subcontract of Dwork, E Work, F Work (1 Tools), G Work, and H Work (2 Sections).

The main contents of each guarantee insurance contract are to guarantee the fulfillment of the obligation to return the amount equivalent to the substitute payment that C bears for the development of modern industry if the development of modern industry pays the progress payment to the subcontractor instead of C.

In addition, the Plaintiff entered into a guarantee insurance contract (in advance) as described in paragraph (8) of the attached Table Guarantee Insurance List with respect to the subcontracting of the I Corporation (hereinafter “the instant extension subcontract”) entered into with the Large-Scale Development Co., Ltd. (hereinafter “Large-Party Development”) and the I Corporation for Benefit Services (hereinafter “AB”) (hereinafter “instant extension subcontract”).

The main content of the Guarantee Insurance Contract is to guarantee the fulfillment of the obligation to return KRW 20,000,000 received as advance if C fails to complete the construction work, such as cooking, etc., among the I works contracted by the T and I services.

B The Plaintiff jointly and severally guaranteed the claim for indemnity against C when the Plaintiff pays the insurance proceeds for each guarantee insurance contract listed in attached Table 1 to 8 (hereinafter “each guarantee insurance contract of this case”).

C From June 2016, the construction was delayed due to delay in the settlement of its labor cost and material cost incurred at the site of the modern industrial development from around 2016, and the modern industrial development urged C to continue the normalization of construction, but terminated the subcontract on September 22, 2016.

On the other hand, C did not commence the construction work even after receiving advance payment as to the instant extension subcontract.

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