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(영문) 광주지방법원 2016.11.29 2015가단513072
사해행위취소
Text

1. The Defendants and C Co., Ltd. concluded on May 20, 2014 regarding corporeal movables listed in the separate sheet No. 1 list.

Reasons

1. Basic facts

A. On July 30, 2012, the Plaintiff: (a) concluded a contract with C Co., Ltd. (hereinafter “Nonindicted Company”); (b) the owner of the land for factory in Seo-gu, Seo-gu, Gwangju (hereinafter “instant building”); and (c) concluded a contract with outside walls of the instant building for lighting project; and (d) did not receive the construction cost.

Accordingly, the Plaintiff filed an application for payment order with the Gwangju District Court No. 2013 tea10838 against the non-party company. On December 18, 2013, the said court issued a payment order with the purport that “the non-party company shall pay to the Plaintiff 5,00,000 won and 20% interest per annum from the day after the delivery date of the original copy of the instant payment order to the day of complete payment,” and the said payment order was finalized on January 7, 2014.

(hereinafter referred to as the “instant payment order”) B.

After obtaining approval for the use of the instant building on September 28, 2012, the non-party company completed registration of initial ownership on December 5, 2012. From October 17, 2012, the non-party company entered into a contract with the Defendants on May 20, 2014 to transfer the age club from the first to third floors among the instant buildings, and from the fourth and fifth floors to the fifth level of entertainment bars, and on May 20, 2014, the agreement with the Defendants on the transfer and acquisition of the instant movable property (hereinafter referred to as the “instant agreement”). The main content of the instant agreement was as follows.

The name of transferee E of the transferor and transferee of the transfer and acquisition contract transfer and acquisition contract transfer: The name of transferee A: The future amount: The items of transfer and acquisition and attachment of 00 million won per day.

1. 실내 조명일체 및 콘트럴러, 음향(스피커, 앰프, 믹서, 디제이기기, 노래방기기 일체), 테이블, 쑈파, 가전, 주방기기(자작냉장고 3개),...

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