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(영문) 광주지방법원 2019.08.13 2018가단537147

사해행위취소

Text

1. The claims indicated in the separate sheet between Defendant B and Nonparty D were concluded on February 7, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) The Plaintiff Company D (hereinafter “D”)

(2) On November 23, 2017, the judgment of Gwangju District Court rendered a judgment that “D shall pay to the Plaintiff 96,195,000 won with 5% interest per annum from April 6, 2017 to July 14, 2017, and 15% interest per annum from the next day to the date of full payment.” The judgment became final and conclusive around that time. (2) The sum of the principal of the credit and the interest in arrears accrued until February 5, 2018 is KRW 105,656,370.

B. 1) A and Defendant CHousing Reconstruction Project Association (hereinafter “Defendant Association”) are concluded between D and Defendant C Housing Reconstruction Project Association (hereinafter “Defendant Association”).

(2) On December 22, 2017, the Defendant Union: (a) drafted a written agreement stating that “The Defendant Union shall pay KRW 1.4 billion to D; (b) KRW 100 million shall be repaid until February 28, 2018; and (c) the remainder of KRW 1.3 billion shall be reimbursed within three months from the date of authorization of the management and disposition plan; (d) D shall be between Defendant B Co., Ltd. (hereinafter “Defendant B”) on February 7, 2018; and (e) in accordance with the written agreement dated December 22, 2017, it concluded a contract on the assignment of claims in the attached list with D against the Defendant Union (hereinafter “instant assignment of claims”); and (e) notified the Defendant Union of its purport on February 9, 2018.

3. On February 28, 2018, the Defendant Union repaid KRW 100 million out of the agreed amount under the agreement dated December 22, 2017 to Defendant B.

C. At the time of entering into a contract for the assignment of claims, creditors of D themselves seized or provisionally seized claims for construction price against the Korea Highway Corporation of D. The amount of claims requested for seizure order, etc. at the time of entering into the contract for the assignment of claims in this case shall be the sum of KRW 579,972,404, and the amount of claims requested for seizure order, etc. until April 11, 2019.