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(영문) 청주지방법원 2016.04.21 2014가단162106

사해행위취소

Text

1. As between the Defendant and C,

(a) On April 10, 2014, 2/5 shares in the real estate listed in the separate sheet 1, b.

Reasons

1. Basic facts

A. On October 6, 2011, the Plaintiff drafted a letter of undertaking with C (hereinafter “instant letter of undertaking”) and its main contents are as follows.

1. The above 14th day of October of 201, 201, 100,000 won per 5 million won to D and E, from October of 201, due to the omission of D and E, shall be deposited into the head of Tong for the Plaintiff Bank of Korea as child support for D and E.

2. The child support shall be increased by 2 million won per month from January 1, 2017 to December 14, 2020 and deposited into the Plaintiff passbook.

3. The Plaintiff shall be paid KRW 300,000 as penalty to the mother of the child if the Plaintiff did not pay the child support and the present letter of undertaking within three months.

In addition, there is no objection against the duty to pay the above KRW 300 million later, for civil or criminal reasons.

4. As to the above penalty of KRW 300 million, C shall prepare a notarial deed of a monetary loan for consumption and deliver it to the Plaintiff. The above notarial deed has no legal effect at the time of the payment of child support, but at the time of the payment of child support for not less than three months, the legal effect of KRW 300 million is the Plaintiff, and no objection is raised even if the above notarial deed does not object to the legal act, such as compulsory execution, etc. based on the notarial deed (if one of the above notarial deed is not fulfilled, it shall also be applicable to the time of the non-performance of any one of the above notarial deed).

6. We will faithfully be responsible for the above contents, pay the child support to A, and compensate for the penalty of KRW 300 million (hereinafter “instant penalty”).

B. C In accordance with the instant undertaking on the same day, the Plaintiff paid KRW 300 million to the obligor C on October 6, 201.