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(영문) 서울중앙지방법원 2016.07.07 2014가합585179
사해행위취소
Text

1.(a)

The debt repayment contract concluded on May 27, 2013 between E and Defendant C is within the limit of KRW 172,672,171.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company engaged in the manufacture, construction, wholesale, etc. of materials inside and outside the building site, and E is a construction company that processes, assembles, and constructs materials of Aluminium. 2) Defendant C is the representative director of Defendant C. Defendant C and Defendant C made a marriage report on February 3, 1978, and Defendant C and Defendant A entered into a divorce by the Jung-gu District Court on October 24, 2013.

The defendant B is a dependent on the defendant C and A, and the defendant D is an assistant of the defendant C.

B. The Plaintiff supplied E with construction materials, including a complex panel equivalent to KRW 108,888,400, from December 21, 2012 to February 28, 2013. (2) The Plaintiff filed an application for the payment order against E on June 7, 2013, seeking payment of KRW 108,887,00 for the supply price of construction materials as KRW 20% per annum from June 14, 2013 to the Incheon District Court of Seocheon-si, Kimpo-si, 2013. The above court issued the order on June 14, 2013 to the Plaintiff for payment of KRW 108,887,000 per annum from July 13, 2013.

On July 27, 2013, the instant payment order was issued. (c) On May 24, 2013, E entered into a debt repayment agreement between the Defendant A to pay KRW 130 million to the Defendant A (hereinafter “debt repayment agreement”) and remitted KRW 130 million between the Defendant B and the Defendant B to pay KRW 200 million (hereinafter “debt repayment agreement”).

2) On May 27, 2013, E means a debt repayment contract under which E would pay to Defendant D KRW 660 million (hereinafter referred to as “debt performance contract”) between Defendant D and Defendant D on May 27, 2013.

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