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(영문) 부산지방법원 2016.05.19 2014가합40704

사해행위취소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Upon the request of E, the representative director of D (hereinafter “D”), the Plaintiff borrowed the business fund in relation to the new construction of the apartment on the F-based F-based F-based F-based F-based F-based F-based F-related business, and on April 17, 2006 and April 18, 2006, the Plaintiff loaned KRW 1.8 billion in total at the due date on June 16, 2006 and on April 16, 2006.

B. Around September 2006, D transferred the status of the implementer of the said new apartment construction project to G (hereinafter “G”) that C had been working as the representative director. On October 10, 2006, G prepared a written confirmation of the succession of the loan amount of KRW 1.8 billion with the purport that G succeeded to the debt of KRW 1.8 billion against the Plaintiff and paid the loan amount to the Plaintiff according to the status of the said implementer.

C. On January 31, 2007, the Plaintiff respectively lent KRW 140,000,000 to G with the maturity of May 31, 2007, the interest rate of KRW 24% per annum, and KRW 3,000,000,000 after the maturity of the repayment on February 28, 2007, and KRW 550,000 per annum.

On January 31, 2007, at the bottom of the loan certificate (No. 3), the personal seal of the representative director C is affixed in addition to the corporate seal of G, and E was signed as a joint guarantor.

In around 2011, the Plaintiff: (a) filed an application with the Busan District Court for payment with G, D, C, and E; (b) jointly and severally with the Plaintiff for the payment of KRW 2.49 million and its delay damages; (c) D, jointly and severally with G and E for the Plaintiff, for the payment of KRW 2.35 million and its delay damages; and (d) C, jointly and severally with G and E for the Plaintiff for the payment of KRW 1.40 million and its delay damages; and (c) the Busan District Court issued the payment order (201 tea18994) on October 10, 201. The above payment order became final and conclusive at that time.

E. C confirmed on August 4, 2013, which was after the above payment order became final and conclusive, that “C” bears the debt for you, and the content thereof.