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(영문) 서울동부지방법원 2015.04.02 2014가단51962

사해행위취소 등

Text

The contract to establish a mortgage between the defendant and the non-party B on April 7, 2014 was concluded on the real estate stated in the attached list.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1 against B) The Plaintiff is limited to C Co., Ltd. (hereinafter “C”) around June 2007.

B) From June 27, 2007 to June 26, 2008, a cement supply contract was concluded to supply cement with a total of 50,000 tons per annum. 2) In the above contract, the transaction continued after the expiration of the contract and there is no objection by both parties within 30 days, the contract was concluded again under the same conditions. B and his spouse D, the C representative director, and the C representative director, jointly and severally guaranteed all obligations against C, such as the price of goods under the contract.

3) From October 2013, C paid to the Plaintiff the sum of KRW 4,760,154,279 as follows. The issuer’s face value on the date of receipt of the bill number ① B 530,87,840 on March 15, 2014; ② F 372,523,739 won on March 31, 2014; and ③ 6.4.7.6.7.8, the sum of KRW 16.4,6.7,00 on November 29, 2014; 6.7.4, the sum of KRW 20.7,50 on April 15, 2014; 6.4.7, the sum of KRW 20.4,50 on May 31, 2014; and 6.7.7.4, the sum of KRW 8.6.4,53,530,530,530,530

Then, on March 18, 2014, C paid the above amount of the bill with the amount drawn up by borrowing KRW 230 million from the Plaintiff at the interest rate of 7% per annum and due date of payment as of April 18, 2014.

5) The subsequent payment date is the sequence 2, which was March 31, 2014, and C refused to pay a bill. The payment of the bill was finally defaulted, and the remaining bills were not paid in full. As to the above amount, the Plaintiff did not pay KRW 4,229,26,439 of the total sum of the bills from to to to to to to to to to to to to to to to to to to to to pay. 6) The Plaintiff and the obligor against C and D of the Seoul Central District Court for KRW 1,320,292,292,26,439 of the above amount of the bill, and other cement costs, including KRW 1,320,292,231, loans 230,000,000.