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(영문) 광주고등법원(전주) 2015.01.22 2013나2714
사해행위취소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From May 1, 2009 to November 15, 2009, the Plaintiff entered into a subcontract with a limited liability company C (hereinafter “C”) on each of the following terms: (a) the Plaintiff’s construction of reinforced concrete among four coastal restoration projects, including the installation of facilities in Jeollabuk-do; (b) the installation of new buildings in the Jeollabuk-do Branch; (c) the construction of the building in the F Association Branch; and (d) the construction of the G Youth Training Center (astronomic. 1); and (e) the construction of reinforced concrete among the extension works in the Jeonju District Court H Registry Branch; and (e) the construction of reinforced concrete to be subcontracted.

B. As of November 2, 2009, as of November 2, 2009, C prepared a statement of performance (No. 5 of this case; hereinafter “instant statement of performance”) stating that the Plaintiff shall repay the total amount of KRW 303,700,000 to the Plaintiff by November 20, 2009 of the construction balance of each of the above construction works. The above statement is written by I and B (hereinafter “B”) other than C, and the seal of each holder of each title is affixed on the side of each of the respective names.

C. As of October 21, 201, as of October 21, 201, a notary public signed a monetary consumer loan agreement (No. 1 certificate; hereinafter “No. 1 certificate of this case”) with the content that “the Plaintiff lent KRW 303,700,000 to B on November 2, 2009, with the maturity of payment fixed on October 21, 201, B shall pay the Plaintiff the full amount of the said money by October 21, 201, and if B fails to repay the said money, the said money shall be repaid to the Plaintiff by not later than October 21, 201, and if B fails to immediately perform compulsory execution, it shall be recognized that there is no objection.”

As of February 16, 2010, a notary public, as of February 16, 2010, approved that the debt amount to be paid to the defendant as of February 16, 2010 by Act No. 254, B, as of February 16, 2010, is KRW 120 million, shall be repaid not later than June 3, 2009, and the defendant shall accept it, and if B fails to perform its monetary obligation under the above contract, an objection shall be raised immediately.

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