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(영문) 수원지방법원 안산지원 2017.01.12 2015가단116933

사해행위취소

Text

1.(a)

A Co., Ltd. 28,00,000 won on November 25, 2014 and 3.28 November 2014, 2014. < Amended by Presidential Decree No. 25795, Nov. 28, 2014>

Reasons

1. Basic facts

A. The establishment of claims against A (1) both the Plaintiffs and the Defendants are companies that manufacture and sell electric wires, etc., and A (hereinafter “A”) is companies that receive electric wires, etc. from the manufacturer and sell them.

(2) From October 2014, Plaintiff Daewoo Electric Cable Co., Ltd. (hereinafter “Plaintiff Treatment”) supplied A with electric wires, etc. equivalent to KRW 987,989,779,779, and received only KRW 712,063,157 among them, and received only KRW 712,063,157, and received reimbursement, and had a claim for supply of goods equivalent to KRW 275,926,622 against A as of October 31, 2014 (i.e., KRW 987,9,779 - KRW 712,063,157).

(3) As of November 3, 2014, Plaintiff Gold Cable Co., Ltd. (hereinafter “Plaintiff Gold Cable”) supplied electric wires, etc. to A and did not receive KRW 162,018,301 for the supply price, and there was a loan claim of KRW 60,000,000 for the supply price.

Accordingly, on December 5, 2014, Plaintiff Gold-ran received a payment order from the said court on December 9, 2014, with the content that “A shall pay to Plaintiff Geum-hwan the amount of KRW 222,018,301 and the amount calculated by the rate of 20% per annum from the day after the original copy of the payment order is served to the day of complete payment,” and the above payment order was served to A on December 15, 2014 and became final and conclusive on December 30, 2014.

B. In order to secure the claims for the supply of goods under a transaction with A for securing the security of the plaintiffs' right to the supply of goods, the plaintiffs treatment, together with each of the real estate listed in the table Nos. 1 and 2, owned by the representative director L of A on December 27, 2013 (hereinafter referred to as "each of the real estate of this case"; when they are individually named, the maximum debt amount shall be 300,000,000 won; and when they are individually named, the establishment registration of a mortgage for the supply of goods under a transaction with A has been completed; the plaintiffs treatment shall be 500,000,000 won with respect to each of the real estate of this case; and the maximum debt amount shall be 50,000,000 won with respect to each of the real estate of this case as of March 7