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(영문) 대구지방법원의성지원 2015.08.26 2014가단1968
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 29, 2013, the Plaintiff changed the name of FS Comprehensive Construction Co., Ltd. (BS Construction Co., Ltd.) to FS.

hereinafter referred to as “MS Comprehensive Construction”

between the Corporation and the Corporation, as follows, the lease agreement for Ecuas vehicles (hereinafter referred to as the “instant lease agreement”):

A) B concluded the instant lease agreement and jointly and severally guaranteed the obligation of MS General Construction. B agreed to terminate the said lease agreement and claim for damages, etc. if the MS General Construction fails to perform it within the agreed period, immediately, if it violates the obligation to pay rent, etc., on one occasion, the remainder of 24% of the delayed interest rate of KRW 3,124,60 for 36 months, the remainder of 24% of the outstanding interest rate of KRW 33,780,00.

3) MS General Construction delayed the payment of rent, and the Plaintiff continuously demanded the performance of the obligation, but MS General Construction did not perform the said obligation, and the Plaintiff terminated the instant lease agreement on April 1, 2014. (4) On May 12, 2014, the Plaintiff filed a lawsuit against MS General Construction and B on the grounds of the termination of the instant lease agreement against MS General Construction and B with the Daegu District Court Kimcheon Branch.

On October 22, 2014, the foregoing court rendered a ruling that “MS Comprehensive Construction and B shall jointly and severally pay to the Plaintiff the amount of KRW 123,610,089 and KRW 123,334,375 per annum from May 10, 2014 to the date of full payment.” The foregoing ruling became final and conclusive on December 10, 2014.

B. The gift gift B of the shares in the instant forest is under the name of the Defendant on March 20, 2014.

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