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(영문) 의정부지방법원 2015.10.23 2015가합50788
사해행위취소 등
Text

1. On November 20, 2013, the 9/10 shares of the buildings listed in the separate sheet between the defendant and the stock company.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “B”) with the representative director: (a) contracted the construction of a new building in Pocheon-si D land (the above land was changed to E as indicated in the following sub-paragraph (j)) to Daecheon-si General Construction Co., Ltd. (hereinafter “Large-si General Construction”).

B. On March 8, 2011, the major major construction entered into a contract with the Plaintiff on the supply of steel materials (hereinafter “instant supply contract”) with the major major construction contractor, and B, on the same day, jointly and severally guaranteed the Defendant major construction contractor’s obligation to pay goods.

C. In accordance with the instant supply contract, the Plaintiff supplied large comprehensive construction with steel materials of KRW 154,127,000 from March 31, 201.

On July 1, 2011, 201, as the construction of the Grand Comprehensive Construction failed to pay the above goods properly, the Plaintiff prepared and delivered a “written pledge” to the Plaintiff, and the main contents thereof are as follows:

Details of outstanding amounts - Amount: 154,127,00 won - Interest on the said amount shall be included as at the time of settlement as 10% per annum from April 1, 201.

Method of settlement

1. The price for goods shall be paid upon receipt of the ownership of any loan D from C which is a joint proprietor of business to a third party;

2. The supply price of goods shall be paid by receiving the down payment (7. 20. 20.) from the head of the Ansan-dong clan and the joint development business thereof; and

3. In the event that the price of steel materials is not paid within the above payment date, the order shall be given to one household (30 square meters) located in Spocheon-si D.

E. Around August 201, 201, Large-Scale General Construction; B, Large-Scale General Construction; B, the seller of Large-Scale General Construction; B; the Plaintiff’s buyer; and the Plaintiff’s supply amount of KRW 164,520,000, the “Urban-type Residential Housing Supply Contract” as to No. 103 Dong 401, located in one parcel, and the end of the said contract. However, at the end of the said contract, there is a statement to the effect that “The present contract is a security for rent and is null and void at the time of repayment.”

(f) large-scale comprehensive construction;

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