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(영문) 전주지방법원군산지원 2020.04.16 2018가단57818
사해행위취소
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) On December 6, 2013, the Plaintiff did not distinguish between Non-Party C Limited Company C (mutual company D before and after the change; hereinafter the same shall apply) and “non-party company.”

(2) After concluding a contract for the supply of tree trees for Daejeon E and F planting, the Plaintiff supplied a total of KRW 347,95,560 by April 17, 2014. However, as of May 7, 2015, the Plaintiff applied for a payment order of KRW 247,995,560 as of May 7, 2015. (2) The Plaintiff filed an application for the payment order with the Military Accounting Branch of the Jeonju District Court for the payment order, and the said court issued the payment order on July 10, 2015, “the Plaintiff shall pay to the Plaintiff 247,995,560 won with 20% interest per annum from the day following the delivery date of the original copy of the payment order, and the said order became final and conclusive as is July 28, 2015.

B. On March 25, 2016, the Defendant leased KRW 150 million to the non-party company at the maturity of April 27, 2016 and KRW 0.015% of interest per annum. On May 20, 2016, the non-party company prepared and delivered a letter of loan worth KRW 215 million to the Defendant (per May 25, 2016; 0.015% of interest per annum) on May 26, 2016. 2) The non-party company: (a) between the Defendant and the non-party company on May 26, 2016, approved that the non-party company bears the obligation of KRW 215 million to the Defendant on the basis of the monetary loan contract as of May 20, 2016; and (b) the non-party company did not immediately perform the obligation under the said contract as of May 20, 2016 (the non-party company’s bond).

(hereinafter referred to as the “notarial deed of this case,” and the contract under the notarial deed of this case is referred to as the “instant debt repayment contract”) Nonparty Company 3) from the Jinan-gun on May 30, 2016 to the H development project (hereinafter “instant construction”).

The completion date of the contract shall be July 28, 2016.

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