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(영문) 부산지방법원 2015.09.03 2015가합2471

사해행위취소

Text

1. The plaintiffs' claims against Defendant C Co., Ltd and Defendant D are dismissed in entirety.

2...

Reasons

1. Basic facts

A. The plaintiff A and the defendant C Co., Ltd. (hereinafter "the defendant Co., Ltd.") on November 29, 2002

(2) On November 28, 2003, the Plaintiff Company paid KRW 150 million to the Defendant Company with a total of KRW 40 million with the principal of KRW 20 million with the principal of KRW 60 million with respect to the share of KRW 1810761, out of KRW 22,297 square meters in Busan-gu Busan-gu G forest owned by the Defendant Company. (2) On November 28, 2003, the Plaintiff Company received from the Defendant Company a total of KRW 150 million with respect to the aforesaid agreed amount of KRW 150,000,000 from the Defendant Company.

3) On April 22, 2005, with respect to the remaining principal of KRW 130 million between the Defendant Company and the Defendant Company, the Defendant Company paid the Plaintiff interest of KRW 20 million per annum from July 11, 2004 to the date of full payment, and agreed to pay all principal and interest during the period from May 30, 2005 to May 30, 2005. However, the Defendant Company paid to the Plaintiff KRW 5 million on July 21, 2008; KRW 300,000 on September 5, 2008; KRW 100,000 on September 12, 2008; KRW 200,000 on May 20, 2009; and KRW 15 million on July 40, 2009.

B. On December 9, 2002, Plaintiff B and the Defendant Company are guaranteed 20% per annum of the minimum return on investment with the Defendant Company as of December 9, 2002. The term “real estate investment, development, use, disposal, and profit-making contracts (hereinafter collectively referred to as “all contracts entered into with Plaintiff A and the Defendant Company”)” refers to each of the instant investment contracts.

(2) The Defendant Company entered into a contract and paid KRW 200 million to the Defendant Company, after completing the establishment registration of a mortgage-mortgage B and the maximum debt amount of KRW 200 million with respect to the share of 1810761/22,00,000, out of 22,297 square meters in Busan-gu G forest owned by the Defendant Company. However, the Defendant Company paid the Plaintiff Company KRW 200,000 to the Plaintiff Company under the name of J. 19, 2005.