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(영문) 창원지방법원밀양지원 2017.11.24 2016가합10284
사해행위취소
Text

1. On June 26, 2015, the real estate indicated in the separate sheet between the Defendant and the Nonparty Co., Ltd. was concluded between our company.

Reasons

1. Basic facts

A. The plaintiff's substitute payment 1) The plaintiff is entrusted by the Minister of Labor under the Wage Claim Guarantee Act, and the plaintiff's wages for the last three months and retirement allowances for three years among the wages and retirement allowances not paid to the retired workers due to the employer's bankruptcy, etc. (hereinafter "substitute payment").

A) A business owner is a government-invested institution that vicariously pays wages and retirement allowances on behalf of the business owner to the extent of the amount paid by the business owner. 2) Our company (hereinafter “foreign company”) was a company engaging in the manufacturing business of industrial plants, the manufacturing business of industrial plants, and the company was closed on December 7, 2015 when the company was in arrears with its employees’ wages due to business deterioration.

3) From August 6, 2015 to August 5, 2016, the Plaintiff paid 267,577,020 won in total to the employees of the non-party company, including A, on behalf of the non-party company 67, including A, pursuant to Article 7 of the Wage Claim Guarantee Act, on 15 occasions, the Plaintiff paid 8,720,850 won among the non-party company’s disposal act. (B) On June 26, 2015, the non-party company sold the real estate indicated in the separate sheet (hereinafter “instant real estate”) as the only property of the non-party company to the Defendant KRW 2,70,000,000 (hereinafter “the instant sales contract”), the down payment, 112,227,350 won, in lieu of the interest on loans of the non-party company, the settlement amount of corporate cards, expenses, etc., and the remainder amount of KRW 2,587,720,7500 each of this case’s bonds.

2) According to the instant sales contract, the non-party company completed the registration of ownership transfer for the instant real estate to the Defendant on July 13, 2015. [Grounds for recognition] without dispute, and the evidence Nos. 1 through 5 (if available, number number) are included.

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