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(영문) 서울중앙지방법원 2019.06.27 2018가합579325
사해행위취소
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. The plaintiff and the non-party company will run a joint business of purchasing and selling raw ginseng and dry ginseng as well as a joint business.

The project period shall be from June 1, 2015 to December 23, 2015, and the proceeds accrued from joint projects (the proceeds from the supply of raw ginseng less all the expenses, including the purchase cost of raw ginseng) shall be allocated to 50 to 50.

On December 31, 2015, Nonparty Company shall refund the principal and its profits to the Plaintiff by December 31, 2015.

On June 2, 2015, the Plaintiff, a company established for the purpose of real estate investment and consulting business, entered into a joint agreement with C Co., Ltd. (hereinafter “Nonindicted Company”) with the following contents, and paid KRW 800 million to the Plaintiff.

B. On November 3, 2015, Nonparty Company drafted a notarial deed of promissory notes to the effect that the enforcement of the said promissory notes is recognized (hereinafter “instant notarial deed”) while delivering to the Plaintiff a promissory note with a face value of KRW 800 million for the return of the said investment amount.

C. On June 10, 2016, the non-party company filed a lawsuit of demurrer against the Plaintiff as Daejeon District Court 2016Gahap103341, which had the effect that the non-party company would pay 290 million won to the Plaintiff by December 31, 2018 at the appellate court of the said lawsuit.

On September 6, 2015, in order to secure the Defendant’s obligation to pay the purchase price to the Defendant, Nonparty Company: (a) supplied ginseng processed products to D Co., Ltd. (hereinafter “D”); (b) KRW 3 billion of the current and future product price claim (hereinafter “instant product price claim”); and (c) the same month of the instant assignment contract (hereinafter “instant claim”);

8. A notice was given to D as a certificate with a certified fixed date.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, 15, and 26 are each numbers.

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