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(영문) 수원지방법원 성남지원 2018.11.29 2017가단231767
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a defense contractor who manufactures weapons, such as KMK45, and a building box operated by the Navy of the Republic of Korea, 76 meters booms established in naval vessels of the Republic of Korea, K-9 autonomous guns operated by the Army of the Republic of Korea, and K5A1 autonomous guns, and supplies them to the Republic of Korea through the Defense Acquisition Program Administration.

B. A planned to obtain illegal profits by manufacturing domestic parts at low costs while operating B, which is an enterprise mediating or delivering the import of parts of various kinds of weapons, etc. operated by the armed forces of the Republic of Korea. A, around May 14, 2009, after manufacturing b0,000 won to be supplied to the Plaintiff through C, an industrial entity, the State, the United States, through which the Plaintiff was manufactured and performing a performance test in the United States, was packed in the name of the U.S. enterprise as if they passed a performance test; attached the false test report in the name of the U.S. enterprise, and supplied the Plaintiff with the Plaintiff at KRW 1857 (Korean Won KRW 2 million) worth KRW 100,000,000 of the manufacturing cost, by deceiving the Plaintiff with 114 times in total until February 19, 2016.

C. On September 8, 2016 and September 9, 2016, the Defense Acquisition Program Administration imposed KRW 2,193,219,132 on the Plaintiff, who is a party to the supply contract, a total of unlawful gains and additional charges equivalent to the A’s defrauded amount.

On the other hand, on August 11, 2016, the Defendant entered into a sales contract (hereinafter “instant real estate”) with A on the real estate listed in the separate sheet (hereinafter “instant sales contract”) and completed the registration of transfer of ownership under the name of the Defendant on August 29, 2016, Suwon District Court, Sungwon-nam Branch of the Sungnam District Court, as the receipt of 32451 on August 29, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Gap evidence 3-1, 2, and 3-2.

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