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(영문) 대구지방법원 2017.05.25 2016가합202743

사해행위취소

Text

1. As to KRW 306,00,000 and KRW 300,00,000 among the Plaintiff, Defendant B shall be from May 1, 2016 to May 25, 2017.

Reasons

1. Basic facts

A. On August 13, 2014, the Plaintiff entered into a loan agreement with Defendant B with the principal of KRW 400,000,000 and due date of repayment on February 28, 2015, and KRW 0.5% per month. The Plaintiff transferred KRW 400,000,000 to the account in the name of Nonparty E, the wife of Defendant B.

Afterward, the Plaintiff received KRW 50,000,000 from Defendant B on March 1, 2015, and KRW 50,000,000 on August 1, 2015, respectively, but did not receive interest of KRW 6,000,000 on the remainder of principal and KRW 300,000 from January 1, 206 to April 30, 2016.

B. On April 20, 2016, Defendant B and Defendant C transferred each claim of KRW 55,00,000 out of the mechanical cost claim of Defendant B against Nonparty C Co., Ltd. D Co., Ltd. (hereinafter “DS Si”), and notified Defendant D of the fact that each of the above assignment of claim was made by mail to Defendant B, among the mechanical cost claim of KRW 97,120,000, and the remainder of the mechanical cost claim of KRW 42,120,000 among the above mechanical cost claim of KRW 42,610,00,000 against Nonparty D Co., Ltd. (hereinafter “Korea D Co., Ltd”).

C. A claim attachment, etc. against each of the instant mechanical claims by Defendant B by Defendant B’s creditors (1) against Defendant B, including attachment and provisional attachment of the claim against Defendant B regarding Defendant B’s mechanical payment claims against DS Si, F, the creditor of Defendant B, against Defendant B, requested the above court to issue a claim attachment and collection order under 2016TT 6485 with regard to KRW 65,637,600 among the above mechanical payment claims against Defendant B DS Si, and received the above court’s order of attachment and collection, and the above decision was served on the above company on May 18, 2016.

The Plaintiff filed an application for the seizure of claim amounting to KRW 97,120,000 among the above mechanical price claims with this Court No. 2016Kahap3094, and received a decision of seizure of claim from the above court. The above decision was made on May 2016.