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(영문) 서울중앙지방법원 2016.01.13 2015가합520162

사해행위취소

Text

1.(a)

The contract of donation of KRW 168,00,000, which was entered into around June 2014 between Nonparty B and the Defendant shall be revoked.

B. The defendant

Reasons

1. Basic facts

A. The Plaintiff’s unjust enrichment return claim 1) B against the Plaintiff Company C with the representative director C (hereinafter “C”).

(2) On August 13, 2013, the Plaintiff entered into a contract on the condition of ex post facto repair of aircraft and helicopter equipment with the Plaintiff for the repair of aircraft, etc., and subsequently received an excessive amount of the cost manipulation from the Plaintiff by preparing export-import-related documents, such as a false statement and tax invoice, or an import declaration completion certificate as if it was used for repair as if it had been purchased and used for repair of the aircraft while maintaining the aircraft, etc... The Plaintiff received an excessive amount of the cost manipulation from the Plaintiff. (2) On July 13, 2012, the Plaintiff filed a lawsuit against B and C for the return of unjust enrichment on the ground of the above cost manipulation under the Seoul Central District Court Decision 2012Ga52198, Seoul Central District Court Decision 2012Da52198, Aug. 13, 2013; and (3) on February 1, 2012, “B and the Plaintiff jointly and severally received 21,570,350 won and each of its annual payment (hereinafter referred to 20%).

3) B, upon the commencement of an investigation by the Board of Audit and Inspection with respect to the above cost manipulation around February 2012, 2012, escaped from around November 201, and was arrested on December 4, 2014 with the Defendant. B, on June 3, 2014, the amount paid as the trading day of the instant apartment purchase transaction day of the Defendant, 110,700,629 won on June 16, 14, 196. 51,29,371 won on June 3, 17, 2014, 200,000 won and KRW 235,00,000,000 for the aggregate amount paid as the trading day of the instant apartment purchase transaction day of the Defendant’s June 3, 2014 and KRW 20,000 on June 9, 2014.

2) A contract to purchase KRW 235,000,000 (hereinafter “instant sales contract”)

After entering into this chapter, after paying the purchase price as listed below, the purchase price shall be paid on January 2014.