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(영문) 대전지방법원천안지원 2016.01.29 2014가단103448

사해행위취소

Text

1. On January 10, 2014, C Co., Ltd. paid to the Defendant on January 10, 2014 the payee, the date of issuance, the date of payment, and the date of payment.

Reasons

1. The following facts may be acknowledged, either in dispute between us, or in combination with the whole purport of the pleadings, as stated in Gap evidence Nos. 1 and 7 (including paper numbers):

The Plaintiff, who supplied the Plaintiff’s credit C with the system floor material of KRW 59,912,600, filed a lawsuit against the Daejeon District Court for the claim of construction cost, etc. on September 27, 2013, Daejeon District Court rendered a judgment that “C shall pay to the Plaintiff 59,912,600 and interest calculated at the rate of 20% per annum from April 19, 2013 to the date of full payment,” and the above judgment became final and conclusive around that time.

The amount of the Plaintiff’s claim against C by adding damages for delay pursuant to the above judgment until April 25, 2014, which was brought by the Plaintiff to the instant lawsuit, is KRW 72,124,921.

B. On January 10, 2014, the issuance date of C, January 10, 2014, C, and a promissory note No. 960,00,000 per each of the Seoul Special Metropolitan City (hereinafter “instant promissory note”) issued and delivered to the Defendant on January 10, 2014, a director D who is the Defendant’s representative of C, and the copy is the actual operator of C. (2) C. A written and written a notarial deed stating the purport that “if the payment of the instant promissory note is delayed, there is no objection thereto even if compulsory execution is conducted.”

3) As to the claim claim amounting to KRW 500,00,000 as the title of execution, the Defendant: (a) applied for a seizure and collection order against C’s claim for the construction price against Seoul Special Metropolitan City as Seoul Eastern District Court 2014TTTT1389; and (b) received a seizure and collection order on January 23, 2014. (c) F is the Seoul East Eastern District Court with the claim amounting to KRW 107,872,815 against C as the claim amount.