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(영문) 서울중앙지방법원 2016.04.06 2015가합552978
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

가. 원고는 2015. 7. 15. 소외 주식회사 큐앤솔브(이하 ‘소외 회사’라 한다)와 태양광충전식 배터리가 부착된 휴대폰 케이스(이하 ‘솔라스킨’이라 한다) 15,000개를 제작해서 납품하기로 하는 계약(이하 ‘이 사건 납품계약’이라 한다)을 체결하였다.

According to the supply contract of this case, the Plaintiff produced sodin products. As of July 17, 2015, the Plaintiff had a claim equivalent to KRW 350,751,500 (including additional tax) against the non-party company as of July 17, 2015.

B. In order to jointly develop SK Telecom Co., Ltd. (hereinafter “SK Telecom”), Nonparty Co., Ltd. (hereinafter “SK Telecom”) and Soloin, Nonparty Co., Ltd. decided to take exclusive charge of its production.

On July 17, 2015, in accordance with the above agreement between the non-party company and SK Telecom, SK Telecom paid KRW 521,070,000 to the non-party company for the production cost of Soloin.

C. Meanwhile, around November 2014 and April 2015, when the funds of the company necessary for the production of Sodin are insufficient, the non-party company borrowed a total of KRW 600 million in total from the defendant Lod Global Co., Ltd. (hereinafter “Defendant Lod Global”), and among them, the amount loaned to the non-party company around April 2015 by the defendant Lod Global is the amount borrowed from the defendant Lod Global Co., Ltd. (hereinafter “Defendant A”).

As such, Defendant EFC Global is a creditor who holds a loan claim against the non-party company, and Defendant A is a creditor who lends money to Defendant EFC Global.

On the day when the non-party company received the above 521,070,000 won from SK Telecom, it remitted the above 521,000,000 won to the defendant NFC global in which the non-party company was liable for the debt of the loan, and the defendant NFC global in 332,00,000 won out of the above amount is again remitted to the defendant A, and then remitted the above amount to it.

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