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(영문) 대전지방법원 2021.02.03 2018가합105181
사해행위취소
Text

Defendant C, Inc.:

A. From July 14, 2016 to October 26, 2018, Plaintiff A with respect to KRW 300,000,000 and this.

Reasons

1. Basic facts

A. On February 10, 2015, Defendant C, a company conducting civil engineering works under the contract for construction works between G and Defendant C, and construction works, entered into a contract for construction works with respect to part of the building works of the Chungcheongbuk-gu H apartment complex (hereinafter “instant construction works”) between the company G (hereinafter “G”) on February 10, 2015 (hereinafter “instant construction works”). From March 1, 2015 to December 31, 2015, the construction amount of KRW 4,950,000,000 (hereinafter “instant contract for construction works”). (b) On September 24, 2015, Plaintiff C deposited KRW 293,600,000 in the bank account under the name of Defendant C’s representative director.

2) Plaintiff B, a company that manufactures and sells asphalt, etc., supplied the instant construction work to Defendant C from March 22, 2016 to May 19, 2016, but did not receive the price therefor.

(c)

On May 20, 2016, Defendant C and Defendant D entered into a contract for debt repayment between Defendant C and Defendant D with the effect that “The obligation of KRW 2,500,000,000,000, which Defendant C bears to Defendant D shall be repaid until May 27, 2016, and if the obligation is not performed immediately, it shall be recognized that there is no objection even if compulsory execution is performed.” Upon the request of the said Defendants, the said Defendants entered into a contract with the notary public of the Daejeon District Public Prosecutor’s Office on the same day on the basis of the document No. 2516, which was executed on the basis of the document No. 2516, 2016 (hereinafter referred to as “the debt repayment contract in this case”; Defendant D received the order for debt repayment as “the debt repayment contract in this case”; Defendant D received the order for debt payment in this case from 200,000,000 from 30,65,016, and it received the order for debt payment in this case No.

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