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(영문) 수원지방법원안산지원 2017.06.14 2016가단72108

사해행위취소

Text

1. Between the Defendant and C, “C” is related to the land annexed to Pyeongtaek-si apartment 507 Dong 1204.

Reasons

1. The facts under each of the following facts are not disputed between the parties, or acknowledged in full view of Gap evidence Nos. 2 through 7, Gap evidence No. 9, Eul evidence No. 3, and Eul evidence No. 6, and there is no counter-proof.

(1) From May 2015 to May 28, 2016, the Plaintiff entered into a contract with E to supply scrap scrap from May 29, 2015 to May 28, 2016.

(2) At the time of the conclusion of the above contract, the Plaintiff paid KRW 120,00,000 as security deposit to E; however, upon the expiration of the contract period, E immediately agreed to return the said security deposit to the Plaintiff when the transaction is terminated by agreement between the parties; accordingly, the Plaintiff paid KRW 15,00,000 to E on May 20, 2015, and KRW 105,000,000 on May 29, 2015 as security deposit.

(3) Meanwhile, upon the request of E, the Plaintiff lent KRW 30,000,000 on July 3, 2015, and KRW 30,000,000 on October 21, 2015, and KRW 60,000 on a total, KRW 60,00,000 to E, and demanded that E repay the same around February 2016.

(4) On September 1, 2016, the Plaintiff filed a lawsuit against E seeking the payment of the said deposit and loan (2016da5448) with the Suwon District Court, which ordered the said court to pay “180 million won and damages for delay.”

B. C, the representative director of claim E against the Plaintiff C, is the above A.

(1) Around June 11, 2015, a promissory note was issued on May 28, 2016 at the face value of KRW 120,000,000 and the due date for payment, with the Plaintiff as the addressee, as a collateral for the obligation to return KRW 120,000,000 to the Plaintiff in accordance with the agreement mentioned in paragraph (1).

C. The claim transfer and takeover contract between C and the defendant (1) is called as 'unyoung Housing (hereinafter referred to as 'Unyoung Housing').

(2) On January 20, 2016, C had a claim for the instant rental deposit against the Defendant. (3) However, on January 20, 2016, C had a claim for the instant rental deposit.