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(영문) 인천지방법원 2017.12.15 2017가합55168
사해행위취소
Text

1. The plaintiff's claim against the defendants is dismissed.

2. Of the costs of lawsuit, the part resulting from the participation is Plaintiff.

Reasons

Basic Facts

On December 1, 2013, the debtor company and the debtor company of the defendant Samsan entered into a contract with the content that the debtor company will manufacture the black boxes, etc. to sell the defendant Samsan in the home shopping, etc. and supply them for two years, and on February 17, 2014, the defendant Samsan made a contract with the content that it will manufacture the black boxes, etc. to sell the sales to the offline agency and supply them for two years.

On August 29, 2014, when the supply of goods under each of the above supply contracts was made, the debtor company entered into an agreement on the performance of the above contents, with the aggregate amount of KRW 7,370,182,694, such as the value of the goods that the debtor company and the defendant company did not receive advance payment from the defendant Samsan, and the debtor company did not pay for the defendant Samsan pursuant to the above supply contract. The debtor company decided to pay the debts owed by the debtor company to the defendant Samsan as 5,000 per month (hereinafter referred to as the "agreement on the performance of the obligation of this case"). The main contents of the agreement are as follows.

Performance Agreements of Debt Repayments

1. The debtor company affirms the obligation on the sales claim (as of August 28, 2014) and the unregistered inventory goods (as of July 31, 2014, 2,856,710,935 won//as of July 31, 2014) against the defendant Samsan.

2. The company of the obligor shall discharge any of its obligations;

(a) approve by payment in kind as follows:

Subject: Home shopping bags products produced by the debtor company (a model name: D)

(b) Quantity of supply: 10,000 units per month (the price for the five thousand units shall be paid in cash from defendant Sam-si to the debtor company);

(c) Quantity of debt repayment: 500 won per month (total value of 930 million won);

(d) Period first: 20 million won (6,440,182,694 won): 930 million won on October 16, 2014 (5,510,182,694 won): 40 million won on November 16, 2014 (4,580,182,694 won): 930 million won on December 16, 2014 (4,580,182,694 won): 50 million won (3,650,182,694 won): 50 million won on December 16, 2014 (3,650,182,694 won):

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