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(영문) 서울고등법원 2014.11.21 2013나49451
사해행위취소
Text

1. The plaintiff's appeal is dismissed.

2. At the preliminary claim of the Plaintiff as added at the trial, D and the Defendant.

Reasons

1. Basic facts

A. On March 24, 2005, the Plaintiff entered into a monetary loan agreement with D and D to deposit 5.94 billion won in full to the bank account designated by D or to lend 5.94 billion won to D by issuing cashier's checks equivalent to borrowings, and issued 5.94 billion won cashier's checks to D.

(hereinafter referred to as "loan Claim(E) on March 24, 2005. D deposited a deposit account in the national bank account under the name of the E Co., Ltd. (hereinafter referred to as "E") in which it is the representative director on March 25, 2005.

B. On March 25, 2005, E entered into a loan agreement with the IBK Enterprise Bank, Elmchemical Marine Insurance Co., Ltd. (hereinafter “Large-gu”) on a loan amounting to KRW 140 billion in order to carry out the business of constructing new apartments on the ground of Seongdong-gu Seoul and 170 lots (hereinafter “instant project site”). D jointly and severally guaranteed the debt of E.

C. On Aug. 4, 2008, D borrowed KRW 320 million from the Defendant on July 30, 2009 on the redemption date, with the repayment amount of KRW 348,880,00,000,000,000,000,000,000,000 as indicated in D’s attached shares (hereinafter “instant shares”) to the Defendant, without any condition, transfer the shares listed in D’s attached shares (hereinafter “instant shares”) to the Defendant and process the offset of KRW 248,00,00,000 upon the transfer of the instant shares among the above KRW 348,00,000,000,000,000,000 for the remaining remaining balance of KRW 18,88,00 per annum.

(hereinafter “Pre-Contract for Payment in Kind”) D.

On November 24, 2008, the Plaintiff filed a lawsuit against D and E claiming a loan payment of KRW 600 million and its agreed interest, or delayed damages. On March 31, 2011, the said court repaid D and E 10% per annum until August 11, 2010, and D from November 25, 2008 to November 25, 201, respectively.

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