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(영문) 대구고등법원 2019.05.10 2017나24794
사해행위취소
Text

1. Of the judgment of the court of first instance, the part against the defendant is revoked, and all the plaintiffs' claims corresponding to the above revoked part are asserted.

Reasons

Basic Facts

D is a company whose main purpose is to run the rearrangement project management business.

The plaintiffs were those who were executive officers and employees of D, and the defendant was able to provide business funds, etc. to D from 2005 to receive the payment under the name of service fees, etc.

The defendant filed a lawsuit against D with the Daegu District Court 2008Gahap3009 seeking payment of service costs, loans, etc.

On May 15, 2009, the above court rendered a judgment that "D shall pay to the defendant 497,538,890 won and damages for delay thereof" and the above judgment became final and conclusive on June 4, 2009.

Section 1 (Purpose) This Agreement shall be terminated under the agreement between E.S. and D on the services contract for the management entity specialized in improvement projects between E.S. and D in Daegu Seo-gu P., and in this regard, the E.S. and D and the Defendant shall be determined by

Article 2 (Repayment of Service Costs and Settlement Agreements) E and D shall, under mutual agreement, settle the service costs on the basis of the work performed by D on condition that the service contract be terminated, and shall determine the settlement of the cost of KRW 30,000,000,000,000,000,000

Article 3 (Agreement on Credit Transfer and Receipt) (1) The E Union shall pay the agreed service costs prescribed in Article 2 to D in accordance with Article 4, directly to the defendant, who is the creditor of D, the E Union and D, and the defendant shall agree with the defendant, who is the creditor of D, and the defendant shall have the part of the claim to D.

D On September 4, 2014, the Committee for Promotion of the Establishment of the E Housing Redevelopment Project (hereinafter referred to as the “E Association”) and the Defendant agreed on the settlement of service costs following the termination of the service contract for the management entity specialized in the improvement project, as follows:

(hereinafter) The agreement on the transfer and takeover of claims pursuant to Article 3(1) of the said agreement (hereinafter “transfer of claims”). Plaintiff A shall pay 193,898,470 won from January 2009 to June 2013, and Plaintiff B shall pay 342,785 wages from September 2008 to December 2015.

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