사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a company engaged in the interior design business, indoor decoration business, etc., and Nonparty Company is a company engaged in the sale and manufacturing of adult products. The Defendant is a company engaged in the sale, manufacturing, wholesale, retail business, etc. of adult products established on August 20, 2018.
B. On May 11, 2016, the Plaintiff entered into a construction period with respect to the first floor and the first floor (hereinafter “instant store”) of the Busan-gu Busan-gu D ground that the Non-Party Company leased between the non-party company and the non-party company (hereinafter “the instant store”) from May 16, 2016 to July 18, 2016, and completed the instant construction work on August 12, 2016, and the non-party company operated the adult product store in the instant store from around that time.
C. On June 19, 2018, the Plaintiff filed an application for arbitration with E in order for the non-party company to not pay the construction cost. On June 19, 2018, E companies paid to the Plaintiff 10% interest per annum from August 20, 2016 to the date of full payment. KRW 30% of the arbitration cost (16,614,90) is the Plaintiff, and KRW 70 is the burden of the non-party company, respectively (hereinafter “instant arbitral award”). Under the instant arbitral award, the arbitration cost to be paid to the Plaintiff by the non-party company is KRW 3,930,430,430.
(hereinafter referred to as the Plaintiff’s claims and arbitration costs arising from the instant arbitral award against Nonparty Company are referred to as “the instant claims”.
On August 21, 2018, the Plaintiff filed an application with the Busan District Court for the recognition and enforcement decision of the arbitral award as Busan District Court 2018Kaman527 on the instant arbitral award, and approved the instant arbitral award and permitted compulsory execution based thereon. The Plaintiff received the recognition and enforcement decision to the effect that the instant arbitral award was made (hereinafter “instant enforcement decision”).
E. Meanwhile, around August 24, 2018, the Defendant is between F and F, the owner of the instant store.