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(영문) 춘천지방법원 2015.01.21 2013가단12580
사해행위취소
Text

1. The contract to establish a right to collateral security concluded on March 28, 2013 between the Defendant and B regarding the real estate stated in the attached list.

Reasons

1. The following facts may be acknowledged, either as a dispute between the parties or as a result of the order of the Commissioner of the National Tax Service of this Court to submit each tax information on Gap evidence Nos. 1 to 6, Eul evidence No. 3 (including each number), and as a result of the order of the Commissioner of the National Tax Service of this Court and the head of Title No. 500, by considering the whole purport of the pleadings

The Plaintiff entered into an oil supply contract with Daedong L&A Co., Ltd. (hereinafter “Dongdong L&A”), and supplied the oil to Daedong L&A from March 1, 2008, and from around 2008, Daedong L&A supplied the oil to B, who operated Daedong L&A, from around 2011, supplied the oil supplied by the Plaintiff to B.

B. On December 28, 2010, L&A entered into an oil supply contract with L&A and L&A, Inc. (hereinafter “L&A”), under which L&A entered into an oil supply contract with L&A on December 28, 2010, B jointly and severally guaranteed all obligations owed by L&A to L&A under the said oil supply contract.

(2) B. B. LAWA.

(1) Pursuant to the oil supply contract, the contract performance guarantee amount of KRW 300,000,000 was paid to Orala in accordance with the oil supply contract. However, on the ground that the above oil supply contract was terminated due to Orala and B’s failure to perform the contract, the Suwon District Court filed a lawsuit against Orala and B, etc. seeking the return of part of the above performance guarantee amount of KRW 300,000,000,

(3) On May 31, 2012, the above court sentenced 20% per annum for 296,060,000 won and 280,620,000 won from April 27, 201 to the date of full payment, 5,40,00 won per annum from January 25, 201 to May 31, 201, and 20% per annum from the next day to the date of full payment. The judgment was finalized around that time.

(hereinafter referred to as “the final judgment of this case”) on the one hand.

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