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(영문) 서울서부지방법원 2019.07.25 2016가단241716
사해행위취소
Text

1. The contract to establish a right to collateral security concluded on May 26, 2016 between the Defendant and C regarding each real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal entity established under the California law of the United States of America, and C is a member of an agricultural partnership D (hereinafter “D”) established under the former Act on Fostering and Supporting Agricultural and Fisheries Enterprises (Amended by Act No. 12961, Jan. 6, 2015).

B. On December 1, 2011, when promoting the development project of “E”, which is a special resort resort for residing in the Republic of Korea after the withdrawal of the Republic of Korea from the Republic of Korea by the Plaintiff and D, D’s vicarious contract for sales promotion for the purpose of selling in lots and inviting members of the Plaintiff and the Korea Development Bank (hereinafter “the instant primary contract”).

(2) After the conclusion of the instant first contract, D’s representative director was dismissed as embezzlement of business funds, and the new representative director was appointed. The Plaintiff expressed his/her intent to terminate the instant first contract and suspended his/her business on the ground that D’s trust was impossible.

3) D wishes to continue the development project, and paid US$ 45,000 to the Plaintiff out of the expenses already paid by the Plaintiff pursuant to the instant first contract. On September 10, 2012, the Plaintiff and the Plaintiff on September 10, 2012, a sales promotional agency contract for the sale and invitation of members for the sale and invitation of members (hereinafter “instant second contract”).

(4) According to the instant secondary contract, D shall pay the remainder of expenses incurred by the Plaintiff to USD 92,159 by the end of December 2, 2012, and USD 60,000 by the end of December, 2012, and even if the development project is revoked or delayed, D shall pay all the said money by March 31, 2013.

B. The Plaintiff filed a lawsuit against the union members, including D and C, with the Seoul Central District Court 2015da5307374, and the said court on April 8, 2016, “D and C, etc., shall jointly and severally serve as the Plaintiff at USD 92,159, and at least six percent per annum from April 1, 2013 to September 14, 2015, respectively.

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