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(영문) 광주지방법원순천지원 2016.06.23 2015가단13373
사해행위취소 등
Text

1. With respect to the area of 341 square meters prior to E in Macheon-si:

A. Defendant D Co., Ltd. shall be liable to Defendant C for the instant district court’s net support on September 2013.

Reasons

1. Basic facts

A. The parties concerned are investors in F Co., Ltd. (hereinafter “F”), and F is a company with the objective of industrial and medical institutions laundry and laundry business. Defendant B is a seller of real estate purchased by F from Defendant C, Defendant C sold real estate to F, and Defendant D Co., Ltd. (hereinafter “Defendant Company”) is a mortgagee of the right to collateral on real estate purchased by F from C.

B. The Defendant B’s transfer registration of ownership of the instant real estate 1) F on March 18, 201, is deemed to have been KRW 341 square meters before E from Defendant C on March 18, 201 (hereinafter “instant real estate”).

2) The sales contract of this case was purchased (hereinafter “instant sales contract”).

(2) Defendant B completed the registration of ownership transfer from Defendant C on April 26, 201, which was received on April 26, 2011 by this Court, and completed the registration of ownership transfer from Defendant C.

(hereinafter referred to as “registration of ownership of this case”).

The Plaintiff’s monetary claim 1) concluded a medical washing business agreement with F on April 6, 2012 with F, but on September 7, 2012, the Plaintiff concluded an agreement with F to terminate the same business agreement with F, and to be paid KRW 465 million with F as investment deposit and damages for its original state, and damages for its delayed payment. 2) After February 1, 2013, the Plaintiff entered into an agreement to be paid the aforementioned KRW 465 million and damages for its delay until March 31, 2013 with F, but if F fails to pay it by March 31, 2013, the Plaintiff agreed to be paid KRW 50 million and damages for its delayed payment.

3) Until March 31, 2013, F did not pay the Plaintiff the aforementioned KRW 465 million and the damages for delay thereof. Accordingly, the Plaintiff was entitled to the Plaintiff’s claim on F with respect to KRW 51.5 million and the damages for delay calculated at the rate of 24% per annum from April 1, 2013 to the date of full payment (hereinafter “Plaintiff’s claim on agreed amount”).

(d) the defendant company;

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