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(영문) 의정부지방법원고양지원 2019.09.20 2018가단85583
사해행위취소
Text

1. It was concluded on June 22, 2018 between the Defendant and D Co., Ltd. as to the claims indicated in the separate sheet.

Reasons

On June 25, 2018, the Plaintiff, including a civil judgment related to recognition, filed a civil lawsuit against D Co., Ltd. (hereinafter “D”) claiming the unpaid management expenses and late payment fees until June 2018 (this court 2018 Ghana80902). On October 2, 2018, the court rendered a judgment that “D shall pay to the Plaintiff the amount of KRW 14,43,210 and KRW 13,186,820 calculated at the rate of 15% per annum from August 4, 2018 to the date of full payment.” The above judgment was finalized on October 23, 2018.

From around 2013, F Co., Ltd. (hereinafter referred to as “F”) leased D the second floor G or H of the building in the Goyang-dong-gu Seoul Metropolitan City.

F on March 26, 2018, on the grounds of D’s delinquency in rent, etc., F filed a civil suit claiming unjust enrichment in an amount equivalent to KRW 54,747,570,570, the sum of KRW 43,144,40,40, the unpaid rent and KRW 7,747,497,490, and the unpaid rent and management expenses as of March 31, 2018; KRW 3,850,680, and delay damages thereon; from April 1, 2018 to the completion of the delivery (this Court Decision 201Ga3789, May 30, 2018); and the above court rendered a judgment accepting the claim of F on March 31, 2018, which became final and conclusive on July 1, 2018.

On August 6, 2013, the Defendant, such as the acquisition of the Defendant’s claim, sold all of the production equipment and fixtures to D, such as heating and cooling equipment, crooms, mutual assistance systems, consortiums, and air-conditioning equipment, to D for KRW 87,080,00. In order to secure the payment of KRW 50 million out of the above price, D agreed to take over the claim for refund of the lease deposit amount equivalent to KRW 50,000,000,000, which D has against F.

D on September 6, 2013, on the part of the Defendant, transferred the claim for the refund of the lease deposit equivalent to KRW 50 million to the Defendant, and on September 10, 2013, notified F of the said assignment of claim.

From May 1, 2017 to July 20, 2018, the defendant served as the head of D's headquarters for business management.

D The claim for the return of the lease deposit against F is D.

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