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(영문) 전주지방법원 2014.11.28 2012가단36083

사해행위취소

Text

1. Defendant A Co., Ltd.: 38,051,400 won and 5% per annum from September 4, 2012 to May 2, 2014.

Reasons

1. Determination as to the claim against Defendant A corporation

(a) The following facts are not disputed between the Parties:

(1) On May 21, 2012, the Plaintiff entered into a contract for recycling management and waste collection and transportation (hereinafter “instant waste contract”) with Defendant A Co., Ltd. (hereinafter “Defendant A”) on the following day to purchase scrap metal, etc. from May 21, 2012 to May 20, 2014, and to collect and transport wastes from the said Defendant. The Plaintiff paid KRW 30 million in advance to the said Defendant.

(2) On May 30, 2012, Defendant A delivered to the Plaintiff scrap metal worth KRW 1,235,400.

On June 15, 2012, the Plaintiff paid the advance payment of KRW 10 million to Defendant A.

(3) On June 28, 2012, Defendant A delivered to the Plaintiff KRW 1,154,200 in scrap metal and KRW 823,50 in scrap metal.

The Plaintiff spent KRW 1,264,500 to collect and transport wastes.

However, the defendant A did not deliver the scrap metal to the plaintiff any longer.

Accordingly, on September 3, 2012, the Plaintiff notified Defendant A of the termination of the instant waste contract.

B. According to the above facts of recognition, the instant waste contract was lawfully terminated according to the Plaintiff’s expression of intent to terminate the contract on the ground of Defendant A’s nonperformance of obligation.

As such, Defendant A is obligated to pay to the Plaintiff 38,051,400 won (in total, KRW 40,000,000 - KRW 2,389,600 for scrap metal - KRW 1,264,50 for waste disposal expenses of KRW 823,500 for waste disposal expenses of KRW 1,264,50 for which the date following the termination date of the instant waste contract from September 4, 2012 to April 25, 2014 of this case, which is the delivery date of a copy of the application for purport of claim and change of cause as of May 2, 2014, and KRW 20% per annum from the next day to the day of full payment.

2. Determination on the claim against the defendant limited liability company B

A. Priority to determine whether a fraudulent act was committed, the instant waste contract between the Plaintiff and the Defendant A was concluded on May 21, 2012, and on June 28, 2012.