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(영문) 서울북부지방법원 2015.06.25 2014가합1656
사해행위취소 및 소유권이전등기말소
Text

1. As to each real estate listed in the separate sheet:

A. A sales contract concluded on March 25, 2009 between the Defendant and B.

Reasons

1. Basic facts

A. On March 30, 1996, Seoul Lease Co., Ltd. (hereinafter “Seoul Lease”) leased a swimming pool of KRW 2.77 billion to C Co., Ltd. (hereinafter “C”) for 78 months, but the lease fee was paid KRW 28,854,166 each month from once to six times, and KRW 54,876,965 each month from July to 78 (hereinafter “the lease agreement of this case”). D and B jointly and severally guaranteed the obligation under the lease agreement for Seoul Lease of the same day.

B. C was unable to pay the lease fee under the instant lease agreement to Seoul Lease, and Seoul Lease notified C of the termination of the instant lease agreement on January 6, 1998.

C The statutory loss amount to be paid by the Seoul Lease under the instant lease agreement was KRW 3,595,567,249 at the time of the termination of the said agreement.

C. On November 27, 1998, Seoul Lease transferred the claim regarding the instant lease agreement to the Korea Lease Co., Ltd. (hereinafter “Korea Lease”), and around that time, notified C of the said transfer.

After the Korean Lease, the sum totaling KRW 1.832 billion out of the total amount of losses under the above provision was paid by 7,258,250,984 won as of December 24, 2008 (i.e., principal amount of KRW 1,775,787,309, KRW 5,482,463,675).

E. On December 31, 2008, the Korean Lease Council filed a lawsuit against C, D, and B seeking the payment of KRW 1.5 billion, which is a part of the unrefied provision loss amount, as Seoul Central District Court Decision 2008Gahap132352, and the above court rendered a judgment on June 5, 2009 that "C and B jointly pay 1,50,000,000 won and 20% interest per annum from April 24, 2009 to the date of full payment." The Korean Lease Council withdrawn the lawsuit against D on June 4, 2009, which is the day immediately preceding the date of rendering the judgment.

The above judgment became final and conclusive on June 24, 2009 with respect to C, and June 27, 2009 with respect to B.

b.0.0 c.

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