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(영문) 서울동부지방법원 2018.01.26 2017가합103205
사해행위취소
Text

1.(a)

On May 16, 2016, the list No. 1 of the attached Table between Defendant Gangseo-gu Art Co., Ltd and Minejin Development Co., Ltd.

Reasons

1. Basic facts

A. The Plaintiff respectively loaned the amount of KRW 13 billion on March 21, 2006 and KRW 220 billion on June 28, 2007 to the Mine Development Co., Ltd. (at the time, the trade name was “FD Industry Development Co., Ltd.”, and thereafter, changed to the current trade name via “FD Industrial Development Co., Ltd.” and “FD Development Co., Ltd.”; hereinafter, regardless of whether it was before or after the mutual change.

(hereinafter “instant loan claim”). (b)

On May 11, 2016, the Plaintiff received a payment order against the Mine Development on the total amount of KRW 48,210,271,151, and the principal amount of KRW 45,141,250,000, and the payment order on June 10, 2016 was finalized on June 10, 2016.

C. On May 16, 2016, Magjin Development entered into a transfer agreement with Defendant Gangseo-gu Art Co., Ltd. (hereinafter “Defendant Gangseo-gu Art”) on loans of KRW 2,519,535,450 and the total amount of KRW 3,68,560,420 and the amount of indemnity bonds of KRW 6,208,095,870 and the amount of KRW 10,054,077,232 (hereinafter “each of the instant transfer agreements”) on the amount of indemnity bonds for the Magjin Development Project, and notified each of the said transfers to the Busan Project.

On May 15, 2017, the Construction Mutual Aid Association deposited KRW 75,039,50 for the settlement of accounts for the Ilsan Project. Under the distribution procedure (hereinafter “instant distribution procedure”), the Construction Mutual Aid Association received dividends of KRW 9,965,167 in the position of the assignee of the claims under each of the instant assignment contracts, and KRW 13,387,575 in the status of the assignee of the claims under each of the instant assignment contracts (hereinafter “instant dividend”).

[Grounds for Recognition] Unsured Facts, Gap 1, 2, 6.

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