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(영문) 울산지방법원 2014.09.17 2013가합3930
사해행위취소 등
Text

1. Of the instant lawsuit, as of July 19, 2012, between Defendant B and Defendant KF real estate trust companies.

Reasons

1. Basic facts

A. On July 26, 2011, the Plaintiff’s claim against C with the U.S. District Court 201Kahap4885 (hereinafter “U.S. High Court”) filed a lawsuit against C for collection of the collection amount and dismissed the judgment on May 3, 2012, and the Busan High Court rendered a judgment on November 13, 2012 that “A cancellation of the first instance judgment and payment of damages for delay calculated at the rate of 236,90,000 won to C with interest of 20% per annum from March 21, 2012 to the day of full payment,” and C’s final appeal against the said judgment is currently pending in the final appeal.

B. (1) On June 4, 2007, C entered into a contract on the construction cost of KRW 2,389,200,000 for the construction work of constructing an officetel as indicated in the attached Form F and G on the Nam-gu F and G ground (hereinafter “instant officetel”).

D is proceeding with a structural construction from the first floor to the sixth floor above the ground of the instant officetel.

On February 29, 2008, the above contract was terminated by agreement.

(2) C) On June 23, 2009, H Co., Ltd. (hereinafter referred to as “H”)

B) Between the Plaintiff and the contractor, I entered into a contract with the construction cost of the instant officetel with the construction cost of KRW 3.5 billion, the construction period from June 29, 2009 to December 30, 2009, setting the rate of KRW 3.3 billion as of June 24, 2009, and H entered into a contract with the J (Representative in charge) on July 23, 2009. (3) On May 20, 2009, K, a subcontractor, acquired the claim for the construction cost of KRW 6.4 million from D on May 22, 2009 to E, a director of D on May 22, 2009, transferred the above claim of KRW 2.36.4 million from the above claim of KRW 2,640,000,000,000 from the above claim of KRW 30,000,000,000 from the above claim of KRW 5.298.

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