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(영문) 광주지방법원 2015.12.22 2014가단54958
사해행위취소 등
Text

1. Nonparty B Co., Ltd.: (a) face value of KRW 200,000,000 issued on October 23, 2013; and (b) the addressee, the Defendant, the place of issuance, and the place of payment, respectively.

Reasons

1. Basic facts

A. 1) Nonparty Incorporated Construction Co., Ltd. (hereinafter “Leatry Construction”)

(B) August 10, 2013, Nonparty B Co., Ltd. (hereinafter “B”).

(2) From around August 8, 2014, the Plaintiff paid 65,140,000 won to the Plaintiff for the payment of the said construction work in addition to the payment period from August 10, 2013 to September 17, 2013. However, on November 19, 2013, the Plaintiff was unable to receive 6,5140,000 won out of the construction price as of November 19, 2013. On August 8, 2014, the Plaintiff transferred 6,5140,000 won of the above construction price claim that the Plaintiff had against B, and the notification reached B on August 19, 2014, the Plaintiff paid 205,000 won to the Plaintiff at the rate of 15,000,0000 won by 20,0000 won (hereinafter “instant payment period”). The Plaintiff filed a lawsuit with the competent district court to seek payment of the acquisition amount (hereinafter “instant payment”).

B. On October 23, 2013, the issuance of a promissory note and the preparation B of a notarial deed shall be issued and delivered to the Defendant: (a) the payee, the Defendant, the face value of KRW 200 million, the payment date, the payment date, the place of payment, and one promissory note in Gwangju Metropolitan City as Gwangju Metropolitan City as of the place of issuance (hereinafter “instant Promissory Notes”); (b) on the same day, a notary public made and issued a notarial deed to the effect that with respect to the instant Promissory Notes, a notary public accepts compulsory execution under the D General Law Office No. 597, 2014; and (c) on June 3, 2014, the Defendant became Gwangju Metropolitan City as the addressee, the date of payment, the payment at sight, the place of payment, and the place of payment at each place of issuance.

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