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(영문) 수원지방법원안산지원 2017.10.20 2016가단4297
사해행위취소
Text

1. The gift contract concluded on September 24, 2013 between the Defendant and the sub-committee C with respect to the real estate listed in the separate sheet is KRW 60,00,000.

Reasons

1. Facts of recognition;

A. The Plaintiff’s damage claim 1 C, around March 2013, planned that the Korea Electric Power Corporation will build a new warehouse in D, which would be allowed to obtain the said construction order from the Plaintiff. As such, the Korea Electric Power Corporation would change the amount of KRW 60 million in terms of personnel expenses for the head of the Korea Electric Power Corporation and its employees, deceiving the Plaintiff to change the amount of KRW 20 million from May 30, 2013, and the same year.

6.25.Written, around 25.Written, around 10 million won;

6. Around 26.26. around 30 million won received a total of KRW 60 million.

2) On November 1, 2014, C intended to make the Plaintiff at the end of the year the material storage construction work in E. However, C borrowed KRW 20 million to enable the Plaintiff to enter into the said construction contract, and by deceiving the Plaintiff to receive KRW 20 million from the Plaintiff on November 25, 2014. (3) On June 10, 2014, C provided the Plaintiff with an additional amount of KRW 3 million in the name of the construction expenses as above.

4) On August 24, 2016 due to the facts constituting the crime as seen in the above 1) and 2, C was sentenced to one year of imprisonment with prison labor as Seoul Central District Court 2016Kadan2606, 2985 (Joint) (hereinafter “Seoul Central District Court”). 5) The Plaintiff filed a lawsuit against C seeking compensation for damages arising from a tort. On September 7, 2016, the Suwon District Court rendered a favorable judgment in favor of the Plaintiff to the effect that C would pay the Plaintiff KRW 83,00,000,000 and delay damages therefor. The said judgment became final and conclusive around that time.

B. C’s active property relationship 1) around September 24, 2013: (a) around September 24, 2013, C owned each land G, H, I, I, and J (other than F buildings, real estate was donated, as seen subsequent to the donation) of Gangnam-gu, Seoul, the market price of which is equivalent to KRW 624,00,00,000, and the attached list of the market price of KRW 135,401,30, and the real estate indicated in the attached list of the market price of KRW 135,400,00. (b) On September 24, 2013, C’s active property 306,000,000, total of the loans of KRW 60,000,000,000 to Korea Bank of Korea, and Co., Ltd. (hereinafter “C”).

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