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(영문) 대구지방법원 2017.09.14 2016가합824
사해행위취소
Text

1. The transfer contract concluded on September 4, 2014 between the Defendant and D shall be revoked within the scope of KRW 114,56,340.

Reasons

1. Basic facts

A. The plaintiffs filed an application for payment order against D Co., Ltd. and filed an application for payment order with D (hereinafter referred to as "D") from January 2009 to June 2013, 2013 for payment order of each of the above wage claims amounting to KRW 193,898,470 and damages for delay thereof, and the plaintiff B filed an application with D for payment order against D as the court 2016 tea72 against January 7, 2016, claiming that it has a total of KRW 342,785,520 and damages for delay from September 2008 to December 2015. The above payment order was finalized on March 31, 2016.

B. On September 4, 2014, D entered into an agreement with the E Housing Redevelopment and Improvement Project Association (hereinafter “E Association”) on the settlement of accounts with the intent to terminate the service contract for the rearrangement project management contractor, and to receive KRW 230,000,000 from the E Association as service price (hereinafter “service price claim”). On the same day, the Defendant, D, and E Union agreed to transfer the instant service price claim against D E Association to the Defendant (hereinafter “transfer of claims”).

C. D’s financial status 1) At the time of the assignment of the instant claim, D assumed the obligation equivalent to KRW 4,927,641,231, including the Defendant’s wage obligation to the Plaintiffs as well as the obligation to pay national taxes, insurance premiums, contract payments, etc. to the Defendant. 2) The Defendant’s active property is merely the instant service payment claim that the Defendant acquired, and the service cost and the loan claim under each of the instant specialized management services agreements entered into with six housing redevelopment partnership or promotion committee as follows, and there is no other property.

The National Housing Redevelopment Project Association (hereinafter referred to as the "F Association") shall be equal to or lower than the G Housing Redevelopment Project Association.

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