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(영문) 창원지방법원진주지원 2019.01.18 2017가단8124

사해행위취소

Text

1. As to real estate listed in the separate sheet:

A. The Defendant and Nonparty D entered into on August 9, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of solar power generation projects, and the E Co., Ltd. (hereinafter “E”) and F Co., Ltd. (hereinafter “F”) are companies established for each solar power generation design and engineering purposes, and D was the representative director of E and F.

B. On March 6, 2017, E and F entered into a contract for the transfer of solar power plants and solar-powered businesses (hereinafter “instant transfer contract”) with the Plaintiff to transfer all rights and obligations with respect to solar power plants owned by E and F to the Plaintiff, and D jointly and severally guaranteed the obligations of E and F to the Plaintiff.

§ 1. [Transferable Articles (Juristic Persons, Real Estate and All Rights and Obligations)]

1. The address of the EF power plant site in the 2-power plant, G-solar power plant, H-solar power plant, G-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-Sed

- Purchase unit price: 13,500 won/p., first trees 6,500 won/p. - All rights and obligations of solar power plants - Development authorization, permission and civil petition processing shall be completed at the cost of E and F.

- Rights and obligations of a juridical person owned by a power plant, such as stock acquisition and change of representative director

2. This assignment and acquisition is a collateral contract for the loan borrowed by E (200,000,000) to the Plaintiff. After E pays the full amount of the loan to the Plaintiff, the Plaintiff transfers to E or F all the rights and obligations for 2MW 1 of the transferred articles under Article 1(1).

Article 6 (Matters of Special Agreement) In addition to the General Matters of the above Agreement, the following matters shall be prescribed as the special agreement, and if there is any conflict between the general matters and the special agreement, the special agreement shall prevail.

1. E shall pay to the Plaintiff the loan borrowed from the Plaintiff and the land sale price paid by the Plaintiff within the due date for the loan, and the Plaintiff shall transfer the ownership of the transferred property.