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(영문) 부산지방법원동부지원 2017.08.22 2016가단210087
사해행위취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. D around 201, “F” was intended to open 22 overseas-registered clothing and miscellaneous store on the third floor of Busan EMM in Busan, Daegu in 201, and as a result, recruited some of them as a special contractor.

B. On July 22, 2011, Plaintiff A entered into a special agreement with D to sell helicopters products, an overseas well-known brand, and paid KRW 60,610,000,00 in aggregate on December 23, 201 and January 30, 201, respectively, as the project payment, as the project support fee, respectively.

C. On September 30, 201, Plaintiff B entered into a special agreement with D to sell beeasta products, which is an overseas master brand, and paid KRW 340,704,500,00 in total, as the interior work price, from September 28, 201 to June 15, 2012.

The Plaintiffs filed a lawsuit against D seeking the return of the construction cost, and the refund of the remaining business support fees and the payment of the settlement amount from August 10, 2012, which is the following day after the special contract was terminated.

On May 26, 2016, this Court rendered a judgment that "D shall pay to the Plaintiff KRW 143,653,539 and delay damages therefor, and shall pay to the Plaintiff B KRW 104,123,920 and delay damages therefor." This judgment became final and conclusive on November 25, 2016.

E. D took out a loan of KRW 320,00,000 from the European Savings Bank Co., Ltd. (hereinafter “Seoul Savings Bank”) on March 31, 2014.

D In order to secure the above loan obligations between the International Asset Trust Co., Ltd. (hereinafter referred to as “International Asset Trust”) on the same day, D entered into a collateral trust agreement with respect to real estate with the Jin Savings Bank as a priority beneficiary, and the said real estate was caused by international asset trust.

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