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Reasons
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(영문) 대구고등법원 2017.12.07 2016나27529
사해행위취소 등
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1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by the purport of Gap evidence Nos. 1 to 5, 7, 10, Eul evidence No. 1 and Eul evidence Nos. 6 (including the branch numbers where no special indication is made; hereinafter the same shall apply), and the whole purport of pleadings, and there is no counter-proof.

1) Defendant E (hereinafter “Defendant E”)

(1) On January 24, 2005 through November 14, 2006: M, No on November 14, 2006 through March 31, 2014: (a) Defendant F Co., Ltd. (hereinafter “Defendant F”) is a company that mainly engages in projects for developing apartment sites and housing lots.

3) From April 2005 to March 31, 2008, Plaintiff A is a person who served as Defendant E’s director. The loan certificate (No. 3-1) No. 3-1) is KRW 65,000,000 (65,000,000) for the day of repayment on October 19, 2005 (the overdue interest after the short repayment date shall be 30% per annum).

on April 20, 2005: Defendant E representative director M joint and several sureties: (A) loan certificate (Evidence No. 4) of P (No. 208,00,000) of KRW 200,000 on the date of repayment on December 29, 2005 (the overdue interest after the short repayment date shall be 30% per annum) of the date of repayment of the above amount specified.

on June 20, 2005: Defendant E representative director M joint and several sureties: A (a) loan certificate (No. 5-1) of P (No. 5-1) of KRW 390,000,000) of KRW 390,000 per day on July 8, 2006 (the overdue interest after the short repayment date shall be 30% per annum) of the repayment date.

on January 9, 2006: Defendant E representative director M (sealed) joint and several sureties: P (a) seal;

B. From April 2005 to January 2006, Defendant E borrowed funds from Plaintiff A and issued each of the following loan certificates to Plaintiff A.

(A) No. 7-1) The above-mentioned amount shall be borrowed in the amount of KRW 130,000,000 per day (130,000).

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