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(영문) 청주지방법원 2016.07.13 2015가단103470

사해행위취소

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1. The Defendant and the Intervenor’s Intervenor concluded on December 2, 2014 with respect to each real estate listed in the separate sheet Nos. 1 and 2.

Reasons

1. On January 9, 2014, the Plaintiff entered into a contract with the Defendant’s Intervenor and the Defendant’s Intervenor for the supply of solar batteries for the solar batteries, and supplied goods.

Accordingly, until September 2, 2014, the price for the goods supplied by the Plaintiff was equivalent to KRW 920,185,378.

According to the above contract, if delayed payment of the price of the goods, 0.05% damages for delay per day were to be paid.

Accordingly, the damages for delay corresponding to 63,692,2484 won was incurred until February 1, 2015, which was the filing date of the instant lawsuit.

(No. 3-17) On September 23, 2014, the Plaintiff sent e-mail to the Intervenor joining the Defendant requesting the payment of the goods. However, the Intervenor joining the Defendant did not comply with this.

(No. 6-2) On October 8, 2014, the Defendant’s husband C received a peremptory notice from the Cheongju District Court to apply for a demand for distribution, inasmuch as a voluntary auction was filed with respect to No. 104 of the petition-gu, Cheongju District Court, which he leased from D.

On October 30, 2014, the Plaintiff sent to the Defendant joining the Defendant a certificate of content that the Plaintiff would take legal action without paying the goods price. On November 28, 2014, the Plaintiff filed an application for arbitration with the International Economic and Trade Arbitration Commission located in China for the arbitration on November 28, 2014.

On December 30, 2014, the Plaintiff sought an application for provisional seizure of real estate against the instant real estate, which is the only real estate of the Intervenor joining the Defendant, at the time of December 30, 2014.

On January 6, 2015, the representative director F of the Intervenor joining the Defendant transferred 2.8 million won to the Defendant’s husband C.

On January 7, 2015, the Defendant received the registration of ownership transfer from the Defendant’s Intervenor’s Intervenor on the instant real estate on the grounds of a sales contract concluded on December 2, 2014 with the Defendant’s Intervenor’s Intervenor on December 2, 2014.

Upon receipt of the registration of transfer of ownership, the Defendant shall grant the instant real estate.