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(영문) 서울고등법원 2020.01.16 2019나2035818

사해행위취소

Text

1. The judgment of the court of first instance is modified as follows.

See the attached list between E and the Defendant, respectively.

Reasons

1. Of the grounds for the judgment of the court of first instance which partially accepted the judgment of the court of first instance, each of the parts in paragraphs (1) through (3) above is identical to the grounds for this court’s entry in each of the above parts, and thus, citing the same in accordance with the main sentence of

[Revision] The following contents shall be added between 14 and 15 inside the table of the first instance judgment 3 pages:

Article 9 [Distribution and Settlement of Profits)

1.E shall pay interest at an annual interest rate of 24% prior to the execution of the PF loan of this project with respect to the funds held by the Defendant, and shall not pay after the FF loan.

- 3 pages 6 of the first instance judgment (the part on the tag shall be excluded from the parallel.)

The following is added to the “loan” of the first instance judgment. “The Defendant further lent KRW 100,000,000,000 paid to the Plaintiffs as the down payment of the purchase price of building permit rights to E” (as seen in the following, as agreed upon in the instant joint project agreement, the Defendant additionally lent KRW 100,000,000 to E) as the down payment of the purchase price of building permit rights to the Plaintiffs, e.g., the “Effect of Notarial Deed” in 17, supra.

In the first instance court, each of the six pages 19, 20, and 21 of the judgment of the first instance shall be amended to "the first instance court" respectively.

The first instance judgment’s 6 pages 21 through 7 pages 1 is amended to “the result of reply to the order to submit taxation information”.

The judgment of the court of first instance is 6,920,547 won [the amount of KRW 550,000,000,000 per annum 1,968,780,821 won per annum 1,018,780,7821 won per KRW 550,000,000 for the Defendant’s loan obligation against Defendant 7: 550,920,547 won for the principal and interest obligation on the Defendant’s loan obligation from November 7, 2017 to August 1, 2018, which is the date of the final remittance of the Defendant’s loan obligation to Defendant E(550,000,000,000 won per annum 550,000,000 per annum x 24% per annum x 268 days from November 7, 2017 to August 1, 2018.

/365) Total sum of KRW 2,065,701,368 = 400,000,000 KRW 1,018,780,821 KRW 646,920,547. Of note 7 of the first instance judgment, the amount of KRW 550,00,000 is equal.