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(영문) 서울남부지방법원 2015.05.15 2014가합100208
사해행위취소
Text

1. On October 11, 2013, the Defendants between the KP Maritime Co., Ltd. and the KP KP Corit.

Reasons

1. Basic facts

A. On September 14, 2010, the original lease contract (hereinafter “the instant vessel”) entered into between the Defendant Clive Capital Co., Ltd. and the Defendant Clive Capital Co., Ltd. (hereinafter “Defendant Clive Capital”), and Clive Capital changed the name of the vessel from the Defendant Clive Capital to CV ASIN Sirit, and then changed the name of the vessel CV KPPit, and hereinafter “the instant vessel”) into a lease contract (a contract number: USD 2010-01234) to use as the principal for lease ($ 5,375,500 (hereinafter “U.S. lease”), USD 36,371,375,371,375,371,375,371,375,375,275,275,275,375,275,275,275,275,37,274,75, etc. of the instant vessel lease agreement (hereinafter “US”).

On October 12, 2010, the KPA entered into a modified contract (contract number: 2010-01234-000) with Defendant CFIF to change the lease term from October 12, 2010 to October 11, 2013 among the terms of the above lease agreement, from October 12, 2010, from October 11, 2013; USD 77,882.17; USD 36; USD 87,513.98; USD 87; and date of payment of lease fees as the 11st day of each month.

On February 10, 2012, the Postal Transport concluded an additional arrangement (a contract number: 2010-01234-000 (Ratification) to change the name of the instant vessel from the ice Switzerland (MV ASIN SPit) to the ice Tracit in the Asia.

(hereinafter referred to as “the instant lease agreement”, including the above lease agreement and modified contract, and additional agreement between the ice Shipping and the Defendant Dog Capital.

In relation to the instant vessel on October 11, 2013, the lessee’s status under the lease succession agreement (hereinafter “Defendant Osung Leisure Co., Ltd.”) is from the KP to the Defendant Oral Leisure Co., Ltd., to the status of the lessee under the lease agreement.

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