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(영문) 대전지방법원 2018.07.11 2018가단204234

사해행위취소

Text

1. The Defendant and Nonparty B’s reimbursement contract concluded on June 1, 2017 shall be revoked.

2. The defendant,

A. The plaintiff 9.

Reasons

1. Basic facts

A. The Plaintiff’s monetary claim against the Plaintiff, as the Daejeon District Court 201Da47593, the Daejeon District Court 201Dadan47593, Oct. 25, 2012, the judgment rendered a final judgment as to the Plaintiff’s monetary claim against the amount of KRW 104,145,620, jointly and severally with the Plaintiff, for the amount of KRW 102,893,150, and KRW 102,893,150 from August 10, 200, for the amount of KRW 79,645,983 and KRW 74,184,84,84, among them, the amount of KRW 18% per annum from August 3, 200 to June 12, 201, and KRW 25% per annum from June 14, 201.

B. Preparation and delivery of notarial deeds on money consumption loan contracts to the Defendant in B, and compulsory execution by the Defendant, 1, Defendant B, May 26, 2017, and the same year

5.29., 29. The same year

6.1. Each 10 million won lent KRW 30 million.

2) On June 1, 2017, B borrowed KRW 30 million from the Defendant on May 17, 2016, and set the due date as June 7, 2017. Meanwhile, if B fails to perform the above obligation, B requested the preparation of a notarial deed of money consumption loan contract with the purport that he/she has no objection even if he/she is immediately subject to compulsory execution, and on the same day, the notary public was prepared with the said notarial deed as the Daejeon General Law Firm, No. 965 on the same day (hereinafter referred to as “instant notarial deed”), and the said agreement as “money consumption loan contract” under the said notarial deed.

(3) On June 13, 2017, the Defendant: (a) based on the instant notarial deed, as Daejeon District Court 2017TTTTT 6977; (b) based on the obligor B and a third obligor, the amount claimed as KRW 30 million; and (c) based on the amount claimed as KRW 1/2 of the balance calculated by deducting taxes and public charges from the salary and bonus that B receives every month from the Fishery Co., Ltd.; and (d) the amount claimed as KRW 30 million.