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(영문) 대구지방법원 2017.03.23 2016가합200570
사해행위취소
Text

1. On March 6, 2015, the Defendants and Nonparty Co., Ltd. as to each real estate listed in the attached Table 3 list between the Defendants and Nonparty Co., Ltd.

Reasons

1. Basic facts

A. The Plaintiff, while operating a manufacturer of electricity, gold, etc. with the trade name “D”, supplied goods worth KRW 63,015,000 in total to Nonparty Co., Ltd. (hereinafter “Nonindicted Company”) during the period from November 19, 2014 to January 29, 2015.

B. After that, the Plaintiff filed an application with the Daegu District Court for a payment order for the purchase price of goods with the Daegu District Court 2015 tea3673. On June 10, 2015, the Plaintiff received an order from the above court to pay the Plaintiff the amount of KRW 63,015,00 per annum from January 30, 2015 to June 12, 2015, and the amount of interest calculated at the rate of 20% per annum from the next day to the day of full payment. The above payment order was served on the non-party company around that time, and became final and conclusive on June 27, 2015.

C. However, on March 6, 2015, the non-party company concluded, with the Defendants on March 6, 2015, a contract to establish the right to collateral security (hereinafter “instant contract”) between the Plaintiff, etc. and the Defendants regarding the real estate stated in the separate sheet No. 1, the maximum debt amount of which is KRW 763,736,00, and the Defendants and the non-party company, as the obligor, and completed the registration of the establishment of the right to collateral security.

After that, at the request of the Industrial Bank of Korea, the Bank of Korea, which was the first secured mortgage regarding the instant real estate, had been awarded a successful bid for the said real estate to a third party. On December 7, 2016, the said auction court prepared a distribution schedule that distributes the amount of KRW 1,125,895,258 to the Industrial Bank of Korea, which was the first secured mortgage, among the amount to be actually distributed on December 7, 2016, and the said auction court prepared a distribution schedule that distributes the amount of KRW 127,936,289 to Defendant B, the second secured mortgage, and KRW 274,69,929 to Defendant C, the second secured mortgage.

E. As to this, the Plaintiff filed a provisional injunction against the Defendants’ claim to pay dividends under Daegu District Court No. 2016Kahap195, and the said auction court filed a provisional injunction against the Defendants’ claim to pay dividends under the attached Table 2 against the Defendant B.

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