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(영문) 광주지방법원 2020.01.29 2019가단502513
사해행위취소
Text

1. It was concluded on November 28, 2018 between the Defendant and C regarding each real estate listed in the separate sheet.

Reasons

Basic Facts

The Plaintiff is a person who runs a wholesale and retail business with the trade name "E" in Dong-gu, Gwangju-gu, and the Defendant was a person who served as the representative director of a corporation C (hereinafter referred to as "foreign corporation") from October 13, 2017 to November 14, 2018.

The Plaintiff paid 10,000,000 business guarantee money to the 'F' operated by the Nonparty Company in each real estate listed in the separate sheet Nos. 1 through 3 and supplied processed red language.

As the Plaintiff did not receive the price of goods and business bonds equivalent to KRW 15,630,00 from the Nonparty Company, the Plaintiff filed a lawsuit against the Nonparty Company with the Gwangju District Court 2017 Ghana548946. On September 11, 2018, the Plaintiff was sentenced by the above court that “The Nonparty Company shall revise the judgment of the first instance court to the Plaintiff, with the rate of KRW 25,630,000, and the amount of 6% per annum from August 6, 2017 to November 9, 2017, and with the rate of KRW 15% per annum from the next day to the day of full payment.” However, on July 26, 2019, the Plaintiff was sentenced to the judgment of the first instance court to the Plaintiff with the rate of KRW 25,630,00 and KRW 15% per annum from the next day to the day of full payment.”

On November 28, 2018, the non-party company entered into a sales contract with the Defendant to sell each real estate listed in the separate sheet owned by the non-party company (hereinafter “each of the instant real estate”) (hereinafter “instant sales contract”). On the same day, the non-party company completed the registration procedure for transfer of ownership on the ground of “sale on November 28, 2018.”

The non-party company was in excess of its obligation at the time of the instant sales contract.

[Reasons for recognition] Each entry of Gap evidence Nos. 1, 2, 3, 5, and 6 (including branch numbers; hereinafter the same shall apply) and the whole purport of the pleading, and the above facts of recognition as preserved claims by this court.

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