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(영문) 서울동부지방법원 2015.03.31 2014가합104337
사해행위취소
Text

1. Defendant B Co., Ltd.: (a) with respect to KRW 392,620,965 and KRW 172,194,00 among the Plaintiff, from December 30, 2013, and KRW 132.

Reasons

1. The following facts can be acknowledged in light of the following facts in light of Gap evidence Nos. 1-1-5, Gap evidence Nos. 2-2, 3, Gap evidence Nos. 4, 5, 6, 10, and 14 and the whole purport of the pleadings.

The Plaintiff entered into a contract for the supply of goods with Defendant B (hereinafter “Defendant B”) and accordingly, supplied construction materials, such as general d construction works implemented by Defendant B from December 1, 2013 to April 2014, as well as general d construction works, E redevelopment works, etc. at a construction site, such as general d construction works, dump, tin dum, and dump. Around December 1, 2013; and around January 1, 2014, the amount equivalent to KRW 172,194,00; and the amount equivalent to KRW 132,537,900; the amount equivalent to KRW 28,737,500; and the amount equivalent to KRW 36,86,386,405; and the amount equivalent to KRW 2656,465,205; and the amount equivalent to the total amount equivalent to KRW 265,296,465,205.

B. Defendant B issued three promissory notes of KRW 172,194,00 in total face value with the maturity of April 30, 2014 for the payment of the price of the goods above to the Plaintiff (one sheet of KRW 30,00,000, one sheet of KRW 43,000, one sheet of KRW 99,194,000), and one promissory note of KRW 132,537,90 in face value with the maturity of May 31, 2014 with the face value of KRW 132,537,90 in face value with the maturity of June 30, 2014, KRW 28,737,50 in face value with the maturity of KRW 36,86,300 in face value with the maturity of July 31, 2014, but account transactions were suspended and disposed of on July 15, 2014, respectively.

C. On April 8, 2014, A, the representative director of Defendant B, sold 1/2 shares of the real estate indicated in the attached Form to Defendant C, and completed the registration of ownership transfer for the said 1/2 shares on April 28, 2014 with the Songdong District Court (Seoul Dong District Court) No. 28818, Songdong District Court’s receipt on April 28, 2014.

2. Determination as to the claim against Defendant A

A. The plaintiff is a company substantially controlled by the defendant A, and even though the defendant A actually controlled by the defendant A, the plaintiff and the plaintiff in the name of the defendant B.

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