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(영문) 창원지방법원 2018.12.12 2017가단115777

사해행위취소

Text

1. The Defendant: (a) KRW 50,000,000 for the Plaintiff and 5% per annum from January 10, 2018 to December 12, 2018; and (b) the Plaintiff.

Reasons

1. Basic facts

A. On October 27, 2017, the Plaintiff filed an order against Nonparty C to pay a loan claim with the Changwon District Court 2017 tea6130, and the obligor sought an order to pay the amount claimed and the expenses for demand procedure to the creditor as below. On February 2, 2017, the Plaintiff issued an order to pay the amount under the above paragraph (1) at the rate of 15% per annum from the day following the day when the original copy of the instant payment order was served to the day when the payment order was completely repaid (the details: KRW 44,400, and KRW 112,900) to the day when the payment order was served, and the order of payment was finalized around that time.

(hereinafter “instant payment order”). B.

On January 5, 2018, the Plaintiff: (a) based on the original copy of the instant payment order against C; (b) obtained a decision on the seizure and collection order against C as to the following claims held by Changwon District Court 2017TT 107632, which C had against the Defendant (the claimed amount KRW 307,092,009); and (c) the above written decision was served to the Defendant, a garnishee, around that time.

D C E

C. On the other hand, around September 26, 2016, the Defendant entered into a contract with C to purchase the business rights of the scrap metal and the steel scrap metal portion among the E-Housing Redevelopment Project (hereinafter “instant business rights”) for KRW 600 million, and entered into a renewal contract with C on May 16, 2017 as follows.

Around May 16, 2017, the Defendant paid C KRW 150,000,000 according to the said re-contract, and paid C KRW 20,000,000,000, around June 27, 2017, drafted a “notarial deed of debt repayment contract” with the content that the said re-contract is amended again as follows (Evidence A No. 4; hereinafter “instant agreement”).

E. Of the sum of KRW 110,000,000 under the instant agreement, the Defendant repaid KRW 60,000,000 ( KRW 20,000,000 on August 2, 2017, KRW 10,000 on August 11, 2017, KRW 30,000 on October 30, 2017, and accordingly, the Defendant’s obligation (principal) under the instant agreement to C is KRW 50,00,000 on October 10.