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(영문) 서울중앙지방법원 2015.12.18 2014가단255150
사해행위취소 등
Text

1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 28,095,089 and the interest rate thereon from October 18, 2014 to the day of full payment.

Reasons

1. Determination as to Defendant A Co., Ltd. (hereinafter “Defendant A”).

A. (1) On October 30, 2013, the Plaintiff entered into a contract for facility leasing (lease) with Defendant A, with the content that the Plaintiff sets the lease amount of KRW 337,254,075, and KRW 36 months from the date of issuance of the certificate of receipt of the leased object, monthly lease fee of KRW 7,958,60, and overdue interest rate of KRW 25%.

(2) On May 23, 2014, the Plaintiff delivered the leased article to Defendant A.

(3) Defendant A did not pay rent, and the Plaintiff notified the termination of the contract on October 15, 2014.

(4) As of October 17, 2014, the amount of claims held by the Plaintiff against Defendant A as of October 17, 2014 is KRW 28,095,089 (i.e., prescribed loss amount of KRW 129,238,289 - Lease Deposit KRW 101,143,200).

[Ground] Confession

B. Defendant A is obligated to pay to the Plaintiff damages for delay calculated at the rate of 25% per annum, which is the interest rate in arrears, from October 18, 2014 to the date of full payment.

2. Determination as to the Plaintiff’s claim for revocation of fraudulent act against Defendant B Co., Ltd. (hereinafter “Defendant B”).

A. The act of Defendant A, in excess of the Plaintiff’s assertion obligation, sold each of the instant real estate to Defendant B constitutes a fraudulent act.

B. (1) On November 10, 2014, Defendant A entered into a sales contract to sell each of the instant real estate used as land and building for a factory to Defendant B at KRW 1.4 billion, and to sell machinery, equipment, vehicle transport equipment, etc. installed in each of the instant real estate to KRW 1.0 billion. Defendant A completed the registration of ownership transfer to Defendant B as the receipt of Cheongju District Court Chungcheong Branch on November 12, 2014.

At the time, as seen in paragraph (2) below, the right to collateral security, etc. was established, and there was no sales amount paid to Defendant A upon Defendant B’s assumption of the obligation under paragraph (2) below.

(2) Before the date of the instant sales contract, 1.

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