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(영문) 서울중앙지방법원 2017.07.21 2016가합547423

사해행위취소

Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) concluded a construction contract between D Co., Ltd. and Samsung Engineering Co., Ltd. (hereinafter “T”) on September 8, 201, which was ordered by Samsung Engineering Co., Ltd. (hereinafter “Tsung Engineering”) to set the construction period from September 8, 201 to October 31, 201, for the construction work of Samsung FAB’s underground steel frame among the construction work of the aforementioned factory operation as KRW 441,10,000. On September 15, 2011, it received a subcontract by setting the construction period of FAB underground steel frame construction from September 15, 201 to May 31, 2012 as KRW 18,183,000,000.

(hereinafter referred to as "the above temporary lamps and steel frame works" are each of the works in this case. (b)

The Plaintiff’s claim against D was supplied with steel materials to D from July 2010 to March 2012, 201, and invested KRW 90,000,000 as of March 9, 201, and agreed to acquire KRW 37.27% of the total number of D’s issued shares. The Plaintiff loaned money to D from May 31, 201 to April 16, 2012, and owned total amount of KRW 8,92,471,899 against D as of May 2, 2012.

C. On October 5, 201, the Plaintiff acquired 5,00,000,000 won among the claim for the transfer of the steel frame construction works against Samsung Engineering, and 401,00,000 won among the claim for the transfer of the claim from D on the same day. The Plaintiff was delegated with the authority to notify the transfer of the claim from D on May 1, 2012. 2) The Plaintiff notified the Samsung Engineering of the transfer of the claim for the temporary lamps construction works on May 3, 2012, and notified the transfer of the transfer of the claim for the temporary lamps construction works on May 3, 2012, and the notification of the transfer of the claim for the temporary lamps construction works reached Samsung Engineering on May 4, 2012.

3. On the other hand, the plaintiff from D on April 30, 2012, and from D on April 30, 2012, the plaintiff as of April 30, 2012.