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(영문) 수원지방법원성남지원 2017.04.04 2016가합202455
사해행위취소
Text

1. Defendant B, Inc., Escopic shock day, Co., Ltd., Escopian Co., Ltd., D, and Cscopic system.

Reasons

1. Basic facts

A. The parties’ status and the remaining Defendants except the Plaintiff and the Defendant A (hereinafter “the Defendants”), are creditors holding construction price, goods price, loan claims, etc. against the Seongdong C&C Co., Ltd. (hereinafter “Co., Ltd.” in each company name is omitted).

B. On December 1, 2011, the Plaintiff initially entered into a credit transaction agreement (limit transaction) with 150,000,000 won (Limit transaction) and a credit transaction agreement (Limit transaction) with Masick as 50,000 won (Limit transaction) with Masick respectively. Pursuant to the Plaintiff’s claim return lawsuit against Masick, on December 27, 2012, the Plaintiff filed a lawsuit for the return of loan against Masick, and subsequently the Plaintiff comprehensively succeeded to the status of the said bank. On August 21, 2011, the Plaintiff concluded a credit transaction agreement (Limit transaction) with Masick as 50,000 won (Limit transaction) and the credit transaction agreement (Limit transaction) with Masick as 50,000,000 won, and on December 21, 2012, the Plaintiff paid 30,000 won (Seoul District Court Decision 201Da3127,27, supra).

C. The grounds for the consultation and assignment of claims between the Defendants, which are creditors, are as follows: (a) The Siosteck from April 201 to April 201, when the Siosteck bears approximately KRW 4 billion of the construction cost and the obligation for goods; and (b) The Siosteck from February 16, 201 to the Corporation Cooperation Company; and (c) The Siosteck calls for a meeting on February 16, 2012 and tried to hold a meeting and hold a consultation on the deferment of the repayment period, etc.; and (b) on February 17, 2012 to the creditors, including the Defendants, who are creditors, to “request the attendance of the Second Collaborative Company’s Emergency Meeting” (hereinafter referred to as the “instant meeting”) at the end of February 2012.

was opened.

3.2

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