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(영문) 서울중앙지방법원 2015.02.10 2013가단317433
사해행위취소
Text

1. As between the defendant and the case :

(a) Claim A and B of this case Co., Ltd.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) The Plaintiff sold steel products, etc., and this case’s license (hereinafter “this case’s license”) is a company selling steel products.

(2) On February 15, 2013, the lower court rendered a judgment that “this case’s goods are supplied to the Plaintiff with KRW 75,366,485 per annum from January 30, 2013 to April 2012, the amount of KRW 75,366,485 was not paid, and the Daejeon District Court 201Gadan40728.” (2) On February 15, 2013, the lower court rendered a judgment that “this case’s goods are paid to the Plaintiff an amount calculated at the rate of 20% per annum from January 30, 2013 to the date of full payment,” and the said judgment was finalized on March 5, 2013.

As of the date of closing argument of this case, the above judgment exceeds KRW 100 million.

B. 1) The case case Korea Co., Ltd. (hereinafter “KK Korea”) is the case case Korea Co., Ltd. (hereinafter “Korea”).

2) On October 2010, 2010, Japan Building Co., Ltd. (hereinafter “C building”) ordered the construction of steel frame among the construction of “C building” located in the east of Japan and completed the construction of steel frame from the Sims Construction Co., Ltd., Ltd. (hereinafter “Tin land”).

(2) On November 29, 2010, 2010, Eththical Co., Ltd., Ltd. (hereinafter referred to as “tethethyl”) subcontracted the production and supply of steel framed BH in relation to the said construction, and ethyl was sub-subcontracted on June 7, 201 by setting a contract amount of 242,00,000, part of the said construction to the Ethical license.

3) Thereafter, the instant case settled the construction cost of the ethyl and the instant sub-subcontract at KRW 580,654,967, and the construction cost of the said sub-subcontract remains at KRW 228,00,000 upon payment of a part of the construction cost from ethyl. The instant case declared that the construction cost cannot be paid any more due to the aggravation of business management on August 8, 2011; 4) and A and B agreed to the effect that on October 14, 2011, the instant case would jointly and severally repay the construction cost of KRW 228,00,000,000, which was unpaid.

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