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(영문) 서울서부지방법원 2017.09.07 2016가합31466
사해행위취소
Text

1. On April 29, 201, Defendant B and Dong CM Korea Co., Ltd. on the claims stated in the separate sheet concluded between Defendant B and Dong CM Korea.

Reasons

1. Facts of recognition;

A. On November 13, 2007, the Plaintiff entered into an investment agreement with D&S Development Co., Ltd. (hereinafter “D&S”) and lent KRW 1,100,000,000 to D&S. The Plaintiff jointly and severally guaranteed the obligation of D&S to the Plaintiff under the said investment agreement.

B. The Plaintiff filed a lawsuit (Seoul East Eastern District Court 2008Gahap17463) against D&S on April 13, 2009, and on April 13, 2009, a mediation was established to the effect that “D&S shall pay the Plaintiff KRW 600,000,000 to the Plaintiff by June 30, 2009. If D&S S&S does not pay the above amount by the payment date, the Plaintiff would implement the procedure for the registration of ownership transfer for DD stores owned by D&S, Songpa-gu Seoul Metropolitan Government on August 20, 2008.”

C. The Plaintiff did not perform the obligation under the above conciliation, and the Plaintiff filed a lawsuit (Seoul East Eastern District Court 2012Gahap3058) against IM seeking the performance of joint and several liability obligations, and the above court rendered a judgment on May 17, 2012 that “SM shall pay to the Plaintiff 60 million won per annum from March 13, 2008 to March 14, 2012 and 20% per annum from the next day to the date of full payment,” and the above judgment became final and conclusive around that time.

On the other hand, on February 6, 2007, IM entered into a specialized maintenance and management service contract with E Apartment Housing Reconstruction Project Association (hereinafter “instant association”) with the content that IM will provide specialized management services for the implementation of the E Apartment Housing Reconstruction Project and receive 2.1% of the total project cost as service cost, and performed services under the above service contract.

On November 2, 2011, the instant association notified that it will terminate the instant service contract with IM.

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