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Reasons
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(영문) 서울중앙지방법원 2016.12.09 2016가합505634
사해행위취소
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Around May 2012, C Co., Ltd. (hereinafter “B”) was merged into B on December 6, 2012 in excess of the debtor’s obligation to pay approximately KRW 3.73 billion in total to financial institutions, traders, etc., and was in excess of the debtor’s obligation on May 18, 2012.

B. On March 15, 2013, the Plaintiff filed a lawsuit against the Plaintiff on June 2, 2012 seeking payment of the unpaid material price of KRW 1,215,64,383 and damages for delay thereof, and received a judgment in favor of the Plaintiff, and the said judgment became final and conclusive as it is.

(Seoul Central District Court 2012Gahap47352). (c)

The Defendant loaned money to B from March 201 to May 2012, 201, and recovered part of the money from September 201 to April 2012, 201, and 3.0% of the amount of the loan and the amount of the collected money.

There is a dispute as seen in subsection (d).

1) The Korea Land and Housing Corporation, on May 16, 2013, made a written agreement and issued a promissory note, entered into a tender for construction works with respect to “this case’s construction cost,” “this case’s construction cost,” or “this case’s construction cost,” and “the instant construction cost,” which will be paid by B. B, on June 3, 2013, entered into the contract with the Defendant on the same day, and entered into the contract with the Defendant on the same day, stating the method of repaying the remaining loan obligations with respect to the Defendant (hereinafter “this case’s agreement”), and the agreement under the said agreement is “the instant agreement.”

(B) The preparation has been made, and the main contents are as follows: Article 2 (Method of Payment ① provides the Defendant with the claim for the construction cost of this case as security:

2. B allows the defendant to directly manage funds in order to efficiently manage the claims provided as security to the defendant.

(3) The defendant shall take precedence over the construction cost including taxes and public charges related to the projects awarded by B.

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