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(영문) 수원지방법원 2018.11.15 2017가합1151
사해행위취소 및 배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s claim against the Plaintiff Co., Ltd. (hereinafter “C”) asserted that the Plaintiff leased KRW 1,130,000,000 to C as of December 13, 201, to March 15, 2013, the Plaintiff filed an application for a payment order with the Suwon District Court 2016Hu2089, Suwon District Court. On November 8, 2016, the said court issued an order to pay KRW 1,130,000 to the Plaintiff and KRW 5% per annum from August 6, 2016 to November 17, 2016 to the effect that “C shall pay the Plaintiff the annual interest calculated at the rate of 15% per annum from the next day to the date of full payment,” and that the said order became final and conclusive on February 1, 2016.

B. 1) The contract for construction work and the contract for trust work 1) C is the Doe Branch of the E Association on May 11, 2012 (hereinafter “E Association”).

2) In the event that a loan of 2,400,000,000 won is granted and is granted to the project site F, G, and H (hereinafter referred to as “instant project site”).

2) On the ground of the instant project site following the purchase of Btel (including neighborhood living facilities of the first and second floors; hereinafter referred to as “instant officetel”).

I Co., Ltd. (hereinafter “I”) around May 2012 in order to carry on the business of newly building and selling new shares.

(2) The construction of an officetel (hereinafter referred to as the “instant construction”) shall be

Article 4 [Effect of Contract and Individual Contract Conclusion] ① This contract shall be mutually complementary to the sale management trust agreement concluded between C and J, and shall not be in violation of the relevant Acts and subordinate statutes, such as the Act on Divided Law, Enforcement Decree and Enforcement Rule of the same Act, and shall be in violation of the above Act and subordinate statutes.

(2) The J shall, at the same time as the conclusion of the trust contract under paragraph (1), give priority to the E Union as the first priority beneficiary and the second priority beneficiary.

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