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(영문) 울산지방법원 2013.08.28 2012가합3490
사해행위취소 등
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. Basic facts

A. The Defendant Gold Industry Co., Ltd. (hereinafter “Defendant Gold Industry”) entered into a contract with a stabilization development company (hereinafter “debtor”) to give a subcontract for underwater dredging works among the above projects, after receiving an order from the Korea Water Resources Corporation for the “19 Section 19 Section (Seoul and YA”) project,” which was ordered by the Korea Water Resources Corporation.

B) On February 18, 2010, the debtor company entered into a contract with the Plaintiff for the lease of equipment used for the said dredging work with the following contents. The date of the contract for the lease of dredging equipment: the construction period on February 18, 2010: the amount on April 20, 2010 to November 1, 2010: 20 hours a day per equipment: January 30, 150, monthly work volume of 150,000 square meters per 292,450,000 won per month (in addition, rate of 22,000,000 won per annum-10,000 won per 30,000 won per annum; and the Plaintiff paid 20,000 won per 20,000 won per annum-10,000 won per 30,0000 won per annum-20,000 won per annum; and

3) After the Plaintiff’s payment order bond against the Defendant Company was issued, the payment order was issued on September 3, 2012, stating that “the Defendant Company shall pay to the Plaintiff KRW 403,500,000 and delay damages therefor” was served on the Defendant Company on September 6, 2012, and the said order became final and conclusive on September 21, 2012. (b) The obligor Company (i) between the Defendant Company and the Defendants on October 8, 2010.

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