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(영문) 대구지방법원 2015.11.20 2014가합7807
사해행위취소등
Text

1. The defendant A and the defendant B jointly shall:

A. The plaintiff Punoo Korea Co., Ltd. on the date of 198.

Reasons

1. Facts of recognition;

A. The Plaintiff Company is a company that operates alcoholic beverage sales and distribution business, and the Defendant Company A (hereinafter “Defendant Company”) is a company that operates import alcoholic beverage sales business, etc., Defendant B is the representative director of the Defendant Company, and Defendant C was the representative director of the limited liability company that operates alcoholic beverage sales business.

B. The Plaintiff Company continued to supply various kinds of alcoholic beverages to the Defendant Company, and the Defendant Company and the Defendant B issued each blank bill of this case and issued a supplementary note to the Plaintiff Company without stating the amount and the due date as security for the amount of alcoholic beverages.

C. However, due to the delay in the payment of the price by the Defendant Company, the outstanding amount reaches KRW 274,48,355, and KRW 655,573,424 in the case of Plaintiff Punonoa Korea and Plaintiff Punoa Korea, respectively, and KRW 655,573,424 in each of the aforesaid blank notes. The Plaintiff Company rejected payment of each of the aforesaid blank notes: ① (i) the receiver Punoa Korea Ltd., the amount of the bill, KRW 274,48,355, the issue date; (ii) the due date on May 31, 2014; (iii) the payment date on June 30, 2014; (iv) the payee Punoa Korea, 65,573,424, the issue date on May 31, 2014; and (iv) the payment date on June 30, 2014.

Attached Form

The real estate recorded in the list was originally owned by Defendant B, and Defendant B entered into a sales contract with Defendant C on June 30, 2014, and completed the registration of ownership transfer in Defendant C on the same day.

E. On November 24, 2014, Plaintiff Punobya Korea Co., Ltd. received KRW 50 million from the Daegu Bank that guaranteed Defendant Co., Ltd.’s debt to Plaintiff Punobya Korea Co., Ltd., which is KRW 50,000,000 from the Daegu Bank that guaranteed the Defendant Co., Ltd.’s debt to the Plaintiff Pubya Korea Co., Ltd., and otherwise, in the compulsory auction procedure commenced for the real estate owned by Defendant Co., Ltd., the actual operator of Defendant Co., Ltd., the Plaintiff Pubya Korea Co., Ltd. was KRW 25,50,00,000, and

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