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(영문) 서울중앙지방법원 2018.11.13 2017가단5178556

사해행위취소

Text

1. All the primary and conjunctive lawsuits of this case shall be dismissed.

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

Reasons

1. Facts of recognition;

A. On December 201, the Plaintiff agreed to conduct a business to acquire and collect the non-performing loans from financial institutions through the Dispute Resolution Co.,F, C, and F (hereinafter “Non-Party Co., Ltd.”), and when a non-party company obtains a loan of KRW 900 million from a financial institution in order to raise funds for acquiring the non-performing loans, the Plaintiff lent KRW 69,150,000 to the non-party company by means of payment of KRW 69,150,000 on January 12, 201 in lieu of the non-party company.

On the other hand, on November 24, 2008, the Plaintiff lent KRW 50,000,000 to C.

The Plaintiff filed a lawsuit for reimbursement claim with Seoul Western District Court 2012Gahap31628, and exercised in subrogation the right to claim damages against the non-party company C and F (C and F voluntarily withdraw KRW 59,00,000 out of the funds of the non-party company and use it for private purposes) in order to preserve the above loan claim against the non-party company, which is insolvent, and also claimed for the above loan against C.

On September 5, 2013, the court rendered a judgment that "(i) C and F shall pay to the plaintiff the interest of KRW 57,307,368 (which shall be equivalent to the principal and interest accrued after deducting KRW 14,400,234 recovered from the non-party company from the above KRW 69,150,000) and the interest accrued thereon shall be 5% per annum from May 11, 2013 to June 20, 2013, and 20% per annum from the following day to the day of full payment, and (ii) C shall pay the interest of KRW 50,00,00 and its interest to the plaintiff at each rate of KRW 55% per annum from August 14, 2012 to June 20, 2013; and (iii) shall pay the interest calculated at each rate of 20% per annum from the next day to the day of full payment."

(b) be determined.

C, such as the crime of evading compulsory execution, C’s crime of occupational embezzlement, evasion of compulsory execution, and evasion of compulsory execution, as to the use of the above KRW 59,00,00 by voluntary withdrawal in Seoul Western District Court Decision 2013Da3354, 2014 Highest 1586 (Joint) in the case of occupational embezzlement, evasion of compulsory execution, and fraud, “C” is the apartment of this case, “G apartment H below the F apartment H, which is owned by a de facto marital person.”