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(영문) 수원지방법원 2018.01.18 2017나58946

사해행위취소

Text

1. In accordance with the expansion of the purport of the claim by this court, the judgment of the first instance is modified as follows.

B.

Reasons

1. Facts of recognition;

A. On April 5, 2011, the Plaintiff received a proposal from B to receive a sales contract for scrap metal generated at the time of removal of a C factory, and paid KRW 300 million to B as the introduction expense. At the time, B agreed to immediately return the said money in full upon nonperformance of the contract, such as non-execution of the contract (hereinafter “instant agreement”).

(2) The Plaintiff entered into a contract by participating in a bid for the scrap metal industry corporation, which is a contractor for the removal of a factory, and collected scrap metal from the Daelim Industry Corporation from November 201 to January 15, 2012.

3) On April 24, 2013, the Plaintiff filed a lawsuit seeking payment of KRW 340,821,611, total amount of KRW 640,821,611 for introduction costs and damages arising from the violation of the instant agreement, etc., with the Seoul Southern District Court Decision 2013Da7135, Apr. 24, 2013 (Seoul Southern District Court Decision 2013Da7115, May 22, 2014). The court rendered a judgment of the Seoul High Court ordering payment of KRW 30,00,000,000 to the Plaintiff by the 150,000,000,000,000 won and KRW 30,000,000 to the Plaintiff by the 2015,000,000,0000,000,000,000 won.

B. The issuance of Promissory Notes B and the Defendant