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(영문) 광주지방법원 2014.02.14 2013가합9316
사해행위취소 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Facts of recognition

The Plaintiffs’ order for payment of KRW 69,069,00 per annum against DS Construction Co., Ltd. (hereinafter “DS Construction”) on April 19, 2013 to the effect that the Plaintiff’s bond against DS Construction Co., Ltd. (hereinafter “DS Construction”) received an order for payment of KRW 20% per annum from April 25, 2013 to the date of complete payment, and the payment order was finalized on May 9, 2013.

Plaintiff

On July 11, 2013, Nexexexexex Co., Ltd. (hereinafter referred to as “Nexexex”) was sentenced to the court’s 50,050,000 won and its 50% annual interest rate from April 1, 2012 to August 30, 2012, and 20% interest per annum from the next day to the date of full payment. The above judgment became final and conclusive on August 2, 2013.

Plaintiff

On May 2, 2013, Hyundai Consect Co., Ltd. (hereinafter referred to as "Modern Consect") received an order to pay 7,708,500 won to DS construction with the Gwangju District Court 2013 tea794, and 6% per annum from November 8, 2012 to May 7, 2013 and 20% per annum from the next day to the date of full payment, and the above payment order was finalized on May 22, 2013.

Plaintiff

A completed tin construction subcontracted by DS Construction on November 30, 2012, and was not paid 26,038,125 tin construction costs.

On April 16, 2012, E.S. Construction entered into an entrusted management agreement between D. Construction and the Defendant and issued S. Construction Bill with respect to B’s new construction (hereinafter “instant new construction”) by setting the construction cost of KRW 1,626,772,700 (including value-added tax) and the construction period from April 23, 2012 to February 16, 2013, and received KRW 330,000,000 as advance payment on April 26, 2012.

D. On April 20, 2012, DS Construction Co., Ltd. paid the Defendant the entire amount of the new construction of this case between DS Construction and the Defendant.

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