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(영문) 서울서부지방법원 2019.06.26 2018가합37864
운임채권 청구 및 사해행위취소
Text

1.(a)

Plaintiff

A, Defendant D Co., Ltd., 203,481,236 won, and Defendant E, jointly and severally with Defendant D Co., Ltd.

Reasons

1. Basic facts

A. The Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) entered into a transportation contract with the Plaintiffs and Defendant D Co., Ltd.

Defendant D Co., Ltd. (hereinafter “Defendant D”)

(2) Upon entering into a cargo transport contract with Defendant D and transporting the cargo requested by Defendant D from January 5, 2017 to March 2018, Defendant D, but did not receive the freight of KRW 203,481,236 from Defendant D. Defendant D, the representative of Defendant D, guaranteed KRW 178,835,946 out of the freight charge against Defendant D’s Plaintiff A on February 20, 2018. (2) Defendant D entered into a cargo transport contract with Defendant D on January 5, 2017, and transported the cargo requested by Defendant D from that time until December 5, 2017. However, Defendant D did not receive the freight charge of KRW 219,497,701 from Defendant D.

Defendant E agreed to pay KRW 219,497,701 to H on January 10, 2018. On July 5, 2018, Defendant E transferred Defendant D’s freight claim to Plaintiff B (hereinafter “Plaintiff B”).

3) Plaintiff C Co., Ltd. (hereinafter “Plaintiff C”)

(2) On September 20, 2017, Defendant D entered into a cargo transport agreement with Defendant D and transported the cargo requested by Defendant D from around that time to December 15, 2017. However, Defendant D did not receive the freight of KRW 258,360,602 from Defendant D. On February 20, 2018, Defendant D entered into an authentic deed of quasi-loan for consumption with a confirmation of and payment of the freight of KRW 258,360,602 against Plaintiff C, and Defendant E jointly and severally guaranteed Defendant D’s freight obligation to Plaintiff C on the same day. (B) Defendant E purchased real estate in the separate sheet (hereinafter “instant real estate”) on December 15, 2017, and completed the registration of ownership transfer on March 16, 2018.

2) On March 16, 2018, Defendant E created the right to collateral security of KRW 308,400,000 with respect to the instant real estate to secure the obligation against I.D. (3) Defendant E created the right to collateral security with respect to the instant real estate to the I.D.

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