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(영문) 광주지방법원목포지원 2015.07.09 2013가합10906

사해행위취소 등

Text

1. The defendant AP farming association shall pay to the plaintiffs each corresponding money and each corresponding money by the plaintiff as stated in the attached Table 3.

Reasons

1. Determination as to the claim against Defendant AP Agricultural Partnership Corporation

A. 1) The Plaintiffs engaged in the business of reducing capital and cultivating meat are Defendant AP farming association corporations (hereinafter “Defendant AP”).

(2) Accordingly, Defendant AP is obligated to pay to the Plaintiffs the amount of money corresponding to each of the pertinent items indicated by the Plaintiff and the amount calculated by the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 7, 2014 to the date of full payment, as claimed by the Plaintiffs, from January 7, 2014 to the date of full payment, as agreed by the Plaintiffs.

(b) Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming the relevant provisions as private capital);

2. Determination as to the claim against Defendant AOO farming association

A. In fact 1) Defendant AP, who is engaged in the joint shipment, distribution, etc. of agricultural products that entered into the instant contract 1 and 2, is engaged in the low temperature storage warehouse business and the processing, distribution, and distribution of agricultural products on June 8, 201, as well as the Defendant AO farming association (hereinafter “Defendant AO”).

B) As between Defendant AP’s capital reduction of approximately 1,080 tons, 50% of the 1,080 tons is purchased by Defendant AP, and the remainder of 50% is kept in the warehouse of Defendant AO, but Defendant AP is obliged to pay storage fees to Defendant AP (hereinafter “instant one contract”).

In addition, on December 30, 201, the Defendants concluded a contract with the effect that Defendant AO entrusted the production of capital reduction to Defendant AP with the cultivation area of 300,000 square meters, and that it shall pay the amount calculated as KRW 780 per 1 km of the supplied capital reduction (hereinafter “instant two contracts”).

(2) On June 15, 2013, Defendant AO entered into the instant three contract with Defendant AP, the period from June 20, 2013 to December 31, 2013, for lease of a above-ground warehouse (hereinafter “AR warehouse”) on the land outside Q Q 11 owned by Defendant AO (hereinafter “AR warehouse”). < Amended by Presidential Decree No. 24445, Jun. 20, 2013; Presidential Decree No. 24508, Dec. 31, 2013>