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(영문) 수원지방법원 2015.11.13 2013가합26350
사해행위취소
Text

1. The main part of the lawsuit in this case shall be dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiff leased a total of KRW 5,000,000 to D (around December 6, 2010, a trade name was changed to C, a stock company; hereinafter “C”) as follows.

1) On February 19, 2010, in the name of E, the Plaintiff’s wife, entered into a monetary loan contract with the representative director F at the time of C on May 19, 2010, setting a loan of KRW 1,000,000,000, annual repayment interest of KRW 10% per annum, and interest of KRW 18% per annum, and lent KRW 1,000,000 to C. (2) on March 2, 2010, in the name of G, a driver of the above E, as of March 2, 2010, under the name of G, a representative director F at the time of C, set a loan of KRW 1,50,000,000, repayment maturity of KRW 100,000,00 per annum, and made a monetary loan contract with KRW 1,50,000 per annum and interest of KRW 10,000 per annum.

3) On April 8, 2010, C entered into a monetary loan agreement with the representative director I as of April 8, 2010, setting forth a loan of KRW 100,000,00, and the due date for repayment as of June 2010, C lent KRW 100,000 to C. (4) On April 8, 2010, C’s name as of April 8, 2010, C lent KRW 2,400,000,000 as of June 7, 2010, the due date for repayment was set as KRW 10% per annum, and C lent KRW 2,40,00,000 to C.

B. On April 9, 2010, the Plaintiff’s representative director I at the time of C, as above.

With respect to each loan mentioned in subsection (a), a notarial deed with a face value of KRW 1,00,000,000 for a promissory note with a payee E, face value of KRW 1,500,000,000 for a promissory note with a payee G, face value of KRW 100,000 for a promissory note with a payee’s G, face value of KRW 100,000 for a promissory note with a payee’s H, face value of KRW 2,40,000 for a promissory note with a face value of KRW 2,00,

C. C paid KRW 1,00,000,000 to E on March 11, 2010, and KRW 500,000,000 through G on March 15, 2010, and KRW 200,000 on August 16, 2010, and KRW 40,000,000 on September 30, 201, and KRW 1,000,000,000 on November 40, 201, and KRW 1,00,000,000 on the part of the Plaintiff’s side.

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