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(영문) 인천지방법원 2020.05.28 2019가합51320
사해행위취소
Text

1. The payment contract concluded on April 1, 2016 between the defendant and the non-party E is limited to KRW 188,192,354.

Reasons

1. Basic facts

A. Plaintiff B (hereinafter “Plaintiff B”) filed a lawsuit against Nonparty E (hereinafter “Nonindicted Company”) seeking payment of the unpaid purchase price of KRW 85,142,114 from September 21, 2015, and delay damages therefrom, and received a judgment in favor of the said court on October 12, 2018 (Seoul Southern District Court 2018Gadan14988), and the said judgment became final and conclusive around that time.

B. The Plaintiff Company A (hereinafter “Plaintiff”) filed an application against Nonparty Company for a payment order claiming payment of KRW 53,932,540 of the unpaid amount of goods until September 2015, and damages for delay thereof. The said payment order was finalized on April 26, 2016.

Jincheon District Court 2016j2280c).

Plaintiff

C Co., Ltd. (hereinafter “Plaintiff C”) filed an application with Nonparty Company for a payment order claiming payment of KRW 82,277,700 for unpaid goods by the year of 2015 (Seoul Southern District Court 2019j10371), and the said payment order was finalized on February 13, 2019.

On the other hand, the plaintiff C received 3,160,000 won in advance of the FF, and the amount of the claim against the company was 49,117,700 won.

On April 1, 2016, the non-party company entered into a payment contract with the Defendant on a condition that the non-party company would transfer ownership of KRW 508,00,00 for the non-party company and KRW 459,926,147 for the total amount of KRW 459,926,147 for the claim for the purchase of goods, etc., and KRW 97,926,147 for the non-party company to the Defendant (hereinafter “the instant movable property”).

E. G Co., Ltd., another creditor of the non-party company (hereinafter “G”), filed a lawsuit seeking revocation of a fraudulent act against the Defendant (Seoul District Court Branch Decision 2018Da1157, Sept. 12, 2018; hereinafter “related lawsuit”), between the Defendant and the non-party company.

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