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(영문) 광주지방법원 2015.10.21 2015가단25575

사해행위취소 등

Text

1. Between the Plaintiff A and the Defendants:

A. On January 3, 2013, Non-Party Hycheon Construction Co., Ltd. is at par value with Defendant D.

Reasons

1. Determination as to the Plaintiff A’s claim (hereinafter “Plaintiff”)

A. On January 14, 2014, the court rendered a ruling that the Plaintiff shall pay to the Plaintiff the amount of KRW 18.5 million and the annual interest rate of KRW 6% from March 16, 2012 to May 9, 2013, and the annual interest rate of KRW 20% from the next day to the day of full payment. The above ruling became final and conclusive around that time. (ii) On March 6, 2013, the beneficiary construction made a contract for installation work from the Republic of Korea to the beneficiary construction for the construction cost of KRW 4443,313,90 (hereinafter “instant construction work”) to the Plaintiff for the construction cost of KRW 18.5 billion (hereinafter “instant construction work”).

(B) On January 3, 2013, 200, 120, 200, 200, 200, 3) On the other hand, the beneficiary D, the issuer D, the place of issue, and the place of payment, respectively, a promissory note as of January 3, 2013 (hereinafter “the Promissory note in this case”) to Defendant D, a director of the company, as of January 3, 2013.

On February 22, 2013, Defendant D issued a notarial deed with respect to the said Promissory Notes. (4) On March 4, 2013, Defendant D applied for the attachment and assignment of the claim against the Republic of Korea under the said Promissory Notes No. 2013TB support 2013TB18, and received the attachment and assignment of the claim following the following day.

5) On April 23, 2013, Defendant D transferred to the Defendant Company the claims subject to the attachment and assignment order as above, and notified the Republic of Korea of the said assignment of claims on the same day. [The fact that there is no dispute over the grounds for recognition, No. 1, No. 1, No. 3, and No. 1, No. 4 through No. 7, A.