사해행위취소
1. With respect to real estate listed in the annex:
A. The mortgage contract concluded on June 8, 2015 between Nonparty B and the Defendant is concluded.
1. The plaintiff and the conciliation intervenor jointly and severally pay KRW 700 million to the defendant. Among them, KRW 300 million shall be paid until June 30, 2013; KRW 200 million shall be paid until June 30, 2014; and KRW 200 million among them shall be paid until December 31, 2014. If the plaintiff and the conciliation intervenor delay the above installment payment at once, they shall lose the benefit of the time, and shall pay the remainder of the payment and the damages for delay at a rate of 20% per annum from the following day to the day of full payment.
C Co., Ltd. (hereinafter “Nonindicted Company”) filed a lawsuit against the Plaintiff for the confirmation of existence of the shareholder’s rights under this Court No. 201Gahap8823, and on May 1, 2013, the Daejeon High Court No. 2012Na4686, which was the appeal of the instant case, entered into a mediation protocol (in accordance with the mediation protocol, the Defendant is the Plaintiff, the conciliation intervenor, the Plaintiff is the Nonparty Company, and the Plaintiff is the Nonparty Company; hereinafter “instant mediation protocol”) containing the following:
B. On May 28, 2013, Nonparty Company paid the Plaintiff KRW 603,271,238, totaling KRW 117,00,000, KRW 117,000,00 on June 29, 2013, and KRW 369,271,238 on June 1, 2015, Nonparty Company filed a lawsuit seeking objection against the Plaintiff by asserting that the remaining money was withheld and paid as taxes, and that the Plaintiff paid the full amount of its obligations to the Plaintiff.
As the Plaintiff did not have income subject to withholding, the Plaintiff asserted that the claim under the instant protocol is not fully repaid.
On November 25, 2015, this Court rendered a judgment with respect to the instant claim objection case, which contains the following: “Compulsory execution under the instant conciliation protocol shall not be permitted only to the portion exceeding the amount calculated by the rate of 20% per annum from June 10, 2015 to the date of full payment: (a) the compulsory execution under the instant conciliation protocol and the amount exceeding the amount calculated by the rate of 277,766,570 per annum.”
C. On March 25, 2015, the Plaintiff entered the instant protocol as “B” and attached Form B owned by the Plaintiff.