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(영문) 서울남부지방법원 2016.08.18 2015가합7283
사해행위취소에 의한 부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The plaintiff's claim filed a lawsuit claiming the payment of the indemnity amount of KRW 1,248,904,870 against D Co., Ltd. (this Court 2007Gahap17490) and the damages for delay (this Court 2007Gahap17490) and rendered a judgment in favor of the above court on July 11, 2008, and the above winning judgment was finally affirmed on August 14, 2008.

C Co., Ltd. (hereinafter referred to as “C”) divided and merged part of its business (fire fighting business) on December 24, 2007.

On May 7, 2014, the Plaintiff filed an application for provisional attachment against C’s Korea Land and Housing Corporation and Gyeonggi-do’s claim for the payment of the contract price with this court under this court’s 2014Kadan70328, and received the decision of acceptance on May 7, 2014, the Plaintiff filed an application for provisional attachment against C’s claim for payment of the contract price with the Korea Land and Housing Corporation under this court’s 2014Kadan706

On or before December 22, 2014, the Plaintiff agreed with C to exempt the claim for the final and conclusive amount stated in the foregoing paragraph (1) on the condition that reimbursement of KRW 100,000,000 shall be made by January 30, 2015. The Plaintiff filed a lawsuit against C (this Court 2015 Gohap4079) and received a favorable judgment from the above court on November 26, 2015, and received a favorable judgment that became final and conclusive on December 17, 2015 as the title of execution, with the amount of KRW 800,00,000 as the title of execution, as regards the claim for the construction cost claim against C, and obtained the Defendant’s order for the attachment and assignment of the claim (U.S. District Court 2016TT 21282, Jun. 1, 2016) and obtained the Defendant’s order of acceptance on June 1, 2016 as the Defendant’s claim for reimbursement of KRW 3050.

was drawn up.

On the basis of the instant notarial deed, the Defendant applied for the attachment and assignment order of claim amounting to KRW 751,129,40,00 among the claim for construction price against the Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act as the Suwon District Court Branch No. 2014,5324, May 30, 2014.

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