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(영문) 대전지방법원 천안지원 2018.03.30 2017가합100546
사해행위취소
Text

1. Defendant C Co., Ltd.: (a) KRW 263,55,38; and (b) KRW 54,000,000; and (c) the Plaintiff Co., Ltd.

Reasons

1. Facts of recognition;

A. The Plaintiffs are corporations engaged in processing and manufacturing glass, which is used for building glass, thereby making it a stratory, reinforced glass, etc., and Defendant C Co., Ltd (hereinafter “DefendantC”) is a corporation specialized in Changho Construction.

B. Around February 25, 2016, Defendant C entered into a contract with Defendant C (hereinafter “Defendant D”) on the transfer of total of 31 claims for construction price as indicated in the attached Table to Defendant C’s various construction companies.

(hereinafter “instant assignment contract”). C.

Defendant C, on February 25, 2016, the date of the instant assignment contract, did not have any active property other than the claim for the construction cost against several construction companies at the time, and the passive property exceeded the obligation exceeding the active property.

Defendant C was unable to pay the amount of KRW 160,000,000 on February 29, 2016, and the first default was made due to Defendant C’s failure to pay the amount of KRW 160,000,000, and it was finally processed due to Defendant C’s failure to pay the amount of KRW 7 billion on March 3, 2016.

Plaintiff

A Co., Ltd. (hereinafter “Plaintiff A”) was issued four copies of the pre-sale of the pre-sale of glass, such as the cost of processing the pre-saleed glass, used by Defendant C, from November 2015 to February 2016, but the issue date was 283,00,000 won due to Defendant C’s default on payment, and the payment was not paid in total due to Defendant C’s default, and was not paid KRW 14,181,398 won on January 2016, and KRW 76,373,940 on February 2016.

E. Plaintiff B (hereinafter “Plaintiff B”) received two copies of bills issued on November 1, 2015 and December 12, 2015, respectively, from Defendant C as the cost of free supply, such as the stratory glass processing cost, used by Defendant C, but did not pay 74,00,000 won in total due to Defendant C’s default of payment.

F. Defendant C’s representative director E, around August 31, 2017, agreed with the Plaintiffs at the appellate court of the relevant criminal case (Seoul District Court 2017No2314) and agreed with Plaintiff A.

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