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(영문) 광주지방법원 2014.04.24 2013가단28402
사해행위취소 등
Text

1. The Defendant (Counterclaim Plaintiff) Company B shall have to pay KRW 61,250,000 to the Plaintiff (Counterclaim Defendant) and KRW 5,000,000 among them.

Reasons

(b) A principal lawsuit and a counterclaim shall be deemed to be filed together)

1. The following facts are without dispute between the parties, or evidence of subparagraph 1, evidence of subparagraph 2, evidence of subparagraph 2, evidence of subparagraph 3, evidence of subparagraph 4, evidence of subparagraph 5, evidence of subparagraph 6, evidence of subparagraph 7-1 through 3, evidence of subparagraph 8, evidence of subparagraph 9-1 through 6, evidence of subparagraph 10, evidence of subparagraph 10-1 through 5, evidence of subparagraph 11, 12, evidence of subparagraph 1, evidence of subparagraph 2, evidence of subparagraph 3, evidence of subparagraph 4-1, evidence of subparagraph 5-1 through 4, evidence of subparagraph 6-1 through 4, evidence of subparagraph 6-2, evidence of subparagraph 8-1, evidence of subparagraph 7, evidence of subparagraph 8-2, evidence of subparagraph 9-1, evidence of subparagraph 1 to 12, evidence of subparagraph 1 through 4, evidence of subparagraph 1, evidence of subparagraph 1 to 4-1, evidence of subparagraph 3-1, evidence of subparagraph 4, evidence

D (Representative Director of the Plaintiff) and E (Representative Director of the Defendant B) invested 30 million won (E 30 million won, D 330 million won) on December 2, 1997, and established A.

B. A Co., Ltd. acquired a comprehensive construction license since then, changed its trade name to F Co., Ltd. (O. 8, 2003), G Co., Ltd. (O. 28, 2005), and Defendant B Co., Ltd. (hereinafter “Defendant B”) in succession, and separately operated construction business and test affairs by establishing a joint corporation A (Plaintiff) as a separate corporation on September 22, 2000.

C. On April 2005, E was awarded a contract for the construction of H construction work (hereinafter “instant construction work”); on August 14, 2007, the construction of local industrial complexes in Jindo-gun and for the construction of shipbuilding stations in Jindo-gun implemented in Jindo-gun I, Jindo-gun; on August 14, 2007, Defendant B paid KRW 14,878,000,000 of the construction cost (hereinafter “Defendant B”) to the change of KRW 17,378,00,000 in the construction cost; and on August 30, 2007, the construction work of Defendant B could no longer progress due to the bankruptcy of the Han Heavy Industries Co., Ltd. during the period from August 30, 2007 to April 30, 2010, the construction work of Defendant B was paid to Defendant B by the 17,922,6830,000,000.

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