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(영문) 서울중앙지방법원 2018.01.23 2016가합550375
사해행위취소
Text

1. As to the share of 1.5/10 of each of the real estate listed in the separate sheet between the defendant and C, a contract is concluded on July 8, 2013.

Reasons

1. Basic facts

A. The Plaintiff’s type of money transaction relationship between the Plaintiff and D and the prior civil litigation 1) The Plaintiff’s type of E is a person who was aware of from 2002, and was working as a professional stable player

) A middle school-friendly job offering D (a person who establishes H (hereinafter “H”) with G, etc. to undertake an urban development project in the Gyeyang-gu F District.

[2] After introducing D, around March 9, 2007, upon receiving a request from D to make an investment in the business of the said company, D paid D a total of KRW 1.91 billion on 25 occasions from March 2, 2007 to December 4, 2009 with the Plaintiff’s funds. 2) Thereafter, D prepared a letter of performance with the purport that H repaid the Plaintiff with KRW 1.5 billion, and D guaranteed its joint and several liability.

3) The Plaintiff filed a lawsuit with Seoul Central District Court 2010Kahap108031, which sought reimbursement of the obligation under the above performance note against D. On November 29, 2011, the above court rendered a ruling of acceptance with the purport that “Defendant D shall pay to the Plaintiff KRW 1.5 billion and its delay damages.” As D did not file an appeal, the above judgment became final and conclusive at that time (hereinafter “the preceding judgment of this case”).

B. B. On March 14, 2013, after the instant preceding judgment became final and conclusive, C’s assumption of obligation between the Plaintiff and C is based on the performance memorandum (Evidence A No. 1-1, hereinafter “instant performance memorandum”).

2) As to the Plaintiff, the Plaintiff and the Plaintiff agreed upon the assumption of the obligation that C shall pay to the Plaintiff the amount of the principal amount of KRW 1.5 billion out of the debt that D owes to the Plaintiff upon the confirmation of the instant judgment (hereinafter “instant assumption of obligation agreement”) on March 15, 2015, with the repayment date fixed by C as of March 15, 2015, and upon which C shall pay the amount not paid by March 15, 2015 among the principal amount of KRW 1.5 billion (hereinafter “instant assumption of obligation”).

AB made it.

However, up to now D and C shall be the Plaintiff.

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