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(영문) 대구지방법원 포항지원 2018.11.20 2018가단100159
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The Plaintiff is a company that aims at cement manufacturing and sales business, and D (hereinafter “D”) and F (hereinafter “F) are companies that aim at manufacturing and sales of ready-mixeds and are customers of the Plaintiff, and D and F are companies that actually have interests.

With respect to the plaintiff, D bears the obligation to pay for the goods of KRW 925,166,363, and KRW 601,674,160, total sum of KRW 1,526,840,523 (hereinafter "the obligation of this case").

D Around the end of January 2013, and the rehabilitation procedure was commenced on March 12, 2013 by Daegu District Court 2013 Gohap7, and the procedure was abolished on December 23, 2013. The F commenced rehabilitation procedure on May 22, 2013 as Daegu District Court 2013 Gohap23, and the procedure was abolished on December 23, 2013.

On April 8, 2014, the Plaintiff urged D to repay the instant debt, and D drafted a letter of commitment to perform the instant debt repayment (hereinafter “statement of performance as of April 8, 2014”), and G, a major shareholder of D and an actual operator, jointly and severally guaranteed D’s debt.

On the other hand, Defendant B Co., Ltd (hereinafter “Defendant B”) was established on February 1, 2013 as a company for cement, aggregate wholesale and retail business, and its actual operator is G.

Defendant B, upon transfer of D’s assets, tried to continue to conduct business, such as transaction with the Plaintiff, and on August 21, 2014, Defendant B’s statement of performance of the obligation that Defendant B succeeded to and agreed to repay the instant debt to the Plaintiff is called “the letter of performance of the instant case.”

Then, D and G jointly and severally guaranteed Defendant B’s obligations under the instant performance note.

The main contents of the instant performance angle are as follows, which are almost the same as the performance angle dated April 8, 2014.

Creditor: Plaintiff Obligor: DF debt content: Cement purchase price.

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