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(영문) 제주지방법원 2015.01.29 2014가합1177

사해행위취소 등

Text

1.(a)

D A sales contract concluded on May 17, 2012 between D and the Defendants on each real estate listed in the separate sheet was 53.

Reasons

1. Facts of recognition;

A. On April 15, 2002, the Plaintiff, with the trade name of “E”, lent KRW 200 million to F Co., Ltd. (hereinafter “F”) as of April 14, 2003 without an agreement on interest, as a person who sells local products to tourists. On March 30, 201, the Plaintiff extended the due date to April 14, 201.

B. Upon receiving a request to lend KRW 100 million from D, the representative director of F, the Plaintiff, on May 2, 201, delivered promissory notes (G) with a face value of KRW 100 million as security, and lent KRW 100 million.

C. On September 30, 2012, D repaid only KRW 33,930,00 to the Plaintiff, and on November 1, 2012, D drafted a written performance statement stating that the amount of unpaid payment to the Plaintiff was KRW 266,00,000 [i.e., KRW 266,070,00 (i.e., KRW 100,000,000,00,000, which was borrowed by D as collateral for the payment of F’s obligation - KRW 33,930,00,00,000, which was repaid by D). The said money was written from December 31, 2012 to December 31, 2013.

D The remainder of 241,00,000 won (=266,000,000 - 25,000,000) was not repaid after only 25,000 won was discharged.

Accordingly, the Plaintiff filed a claim against D for payment order under this Court’s 2013 tea1426, and this Court issued a payment order on June 12, 2013, stating that “D shall pay to the Plaintiff KRW 241,00,000 and damages for delay calculated at the rate of 20% per annum from July 23, 2013 to the date of full payment.” This order became final and conclusive on August 6, 2013.

E. On the other hand, as between May 17, 2012, D and the Defendants, sold each real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendants in KRW 1.90,000,000, and the down payment of KRW 190,000,000 is paid at the time of a contract and an intermediate payment of KRW 560,00,000,000,000 was paid on May 31, 2012, and the remainder of KRW 1,150,000 was paid on June 20, 2012 (hereinafter “instant sales contract”). The instant real estate was concluded on June 20, 2012.