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(영문) 서울중앙지방법원 2020.05.28 2018가합536663

사해행위취소

Text

1. The defendant (Counterclaim Plaintiff) shall dismiss the counterclaim.

2. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

3...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The parties’ related Plaintiff is a person running D Co., Ltd. and E Co., Ltd. (hereinafter “D” and “E,” respectively, and the above two companies collectively referred to as “instant companies”); Defendant B was working at the construction site of Libya and Libyavia under F Co., Ltd.; Defendant C is the spouse of Defendant B.

B. The instant company and Defendant B entered into a false performance contract 1) while seeking measures to meet the requirements for participation in the bid or obtaining contracts for overseas works for obtaining contracts, the instant company introduced Defendant B with Defendant B on October 25, 2010 and entered into a contract for the performance of electrical construction business with Defendant B (hereinafter “instant contract”).

A) The contract of this case was concluded. The main contents of the contract of this case are as follows. Gap: defendant B 1 (Subject matter of transfer and acquisition): ① Results of electrical construction business ($ 45 million to US$ 54 million) ② 400kV ($ 180km). The performance of Paragraph 1 refers to the conditions that can be registered as an eligible enterprise with the Korea Electric Power Corporation, and the performance of Section 1 of Article 2 (Transfer and Acquisition Amount) and Paragraph 2 of this case must be provided to Gap with the complete documents that can be registered under the responsibility of Eul. The amount of Article 1 Paragraph 1 and Paragraph 2 of this case is KRW 600,000,000 and KRW 90,000,000 for 70,000,000 for 50,000,000,000 for 30,0000,000 for 30,0000, 25, 2010