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(영문) 인천지방법원 부천지원 2018.07.04 2017가합103329
사해행위취소
Text

1. The acquisition of bonds concluded on March 14, 2016 between the Defendant and C regarding the claims stated in the separate sheet between the Defendant and C.

Reasons

On June 4, 2015, C (hereinafter referred to as “C”) entered into a contract for the recruitment of association members and the entrustment of sale to general public for the D long-term housing construction project (hereinafter referred to as “instant housing project”) in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, for the promotion committee of the D Regional Housing Association (the name of the association after the establishment of the association is “E Regional Housing Association”; hereinafter referred to as “D Housing Association”) and the F (hereinafter referred to as “F”), regardless of whether before or after the establishment of the association is authorized.

H, the actual representative of C and C, jointly issued each Promissory Notes with the Plaintiff, with a face value of KRW 240 million on June 15, 2015, and a face value of KRW 39 million on December 1, 2015, and authenticated this.

C On March 14, 2016, on the part of the Defendant, “1. C shall waive all the rights of the instant service contract, and transfer all the rights to the Defendant. 2. In relation to the acquisition of the instant service contract, C waives all the rights of the secondary service fee (132 households, 495,000,000, and value added tax separate) incurred in the future, and does not raise any objection against the Defendant’s receipt of the instant service fee claim (hereinafter “instant service fee claim”). 3. On March 14, 2016, C drafted a written agreement on the acquisition of the service contract with the content that “A shall issue a tax invoice in relation to the service fee incurred prior to the conclusion of the instant service contract, and the payment of value-added tax shall also be liable by C,” and H puts joint and several surety thereto.

(hereinafter “instant transfer contract”). On March 15, 2016, the Defendant entered into a service contract with D Housing Association and F with a content similar to the instant service contract. On June 30, 2017, the Defendant received from D Housing Association the amount of KRW 427.5 million service fees for the 114 households of the members of the instant service fees collected pursuant to the instant service contract.

Grounds for recognition: Facts without dispute, A.

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