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(영문) 부산지방법원 동부지원 2018.07.10 2017가단202694

사해행위취소

Text

1. As to the real estate listed in the separate sheet No. 1 and machinery and appliances listed in the separate sheet No. 2 between the defendant and C limited liability company.

Reasons

1. Basic facts

A. The Plaintiff asserted that, from January 16, 2014, to March 11, 2014, the sum of KRW 280,000,000 was leased to C limited liability companies (hereinafter “C”), and filed an application for payment order with the Gwangju District Court, 2014 tea359, which sought payment, and the court issued the payment order on November 6, 2014.

B. On November 7, 2014, the Defendant received the above payment order and filed an objection on November 17, 2014, and the said case was implemented as a loan lawsuit by the Gwangju District Court 2014Gahap1589.

(hereinafter “Related Cases”). On September 10, 2015, the court rendered a judgment that “C shall pay to the Plaintiff the amount of KRW 280,000,000 and the amount calculated by the rate of 5% per annum from November 8, 2014 to September 10, 2015, and 20% per annum from the next day to the date of full payment,” which became final and conclusive on March 28, 2016.

(hereinafter referred to as the “claim Claim against the Plaintiff recognized in the relevant case”) C.

On July 9, 2014, the Defendant and C purchased real estate listed in the separate sheet No. 1 and machinery and appliances listed in the separate sheet No. 2 (hereinafter “the subject matter of this case”) owned by C in KRW 7,900,000,000, and the down payment of KRW 50,000 shall be paid on the date of the contract, and shall be paid KRW 7,850,000,000 as the remainder of the contract (i.e., the subject matter of this case leased to a third party and paid KRW 20,000,000 to the Industrial Bank of Korea as the subject matter of this case (i.e., the secured obligation of KRW 6,00,000,000,000 as the subject matter of this case) and KRW 150,000,000,000 as the subject matter of this case (hereinafter “the subject matter of this case”), and (ii) the obligation of collateral No. 30,0000,000.