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(영문) 수원지방법원 2015.07.09 2012가합16936
사해행위취소
Text

1. H Co., Ltd.:

A. It was concluded between Defendant E on February 28, 2008 as to each real estate listed in the separate sheet No. 2.

Reasons

1. Basic facts

A. On November 7, 2007, the Seoul Central District Court 2007Gahap45581 (hereinafter “H”) filed a lawsuit against H et al., and rendered a judgment on November 7, 2007 that “H and J jointly pay to I 50 million won and interest calculated at the rate of 20% per annum from June 21, 2007 to the date of full payment.” The judgment became final and conclusive on November 28, 2007.

Plaintiff

A on August 19, 2009, from I acquired the claim for the amount of money transferred under the above judgment, and I notified the transfer of the claim to H on December 23, 2009.

(hereinafter the Plaintiff’s above claim is “Plaintiff A’s claim for acquisition money.” (B)

on June 30, 2005, K obtained a loan of KRW 800,000 from the Sejong Saemaul Depository. He lent KRW 300,000 on July 2, 2005, KRW 600,000 on July 4, 2005, and KRW 975,00,000 on July 7, 2005.

L between June 30, 206 and December 30, 2010, K paid 963,546,230 won in lieu of the principal and interest of K’s loan debt and interest, and acquired the claim for reimbursement equivalent to the above amount. On March 20, 2012, L transferred the remaining 463,546,230 won to Plaintiff C, and the remaining 463,546,230 won to the Plaintiff, and notified K of the assignment of claims on March 22, 2012.

(hereinafter “Plaintiff B and C’s above claim” (hereinafter “Plaintiff B and C’)

Plaintiff

B and C filed a lawsuit against H with the Suwon District Court No. 201Ga6048 seeking the payment of the loan to H in subrogation of K, which is the insolvent condition, with the claim against K as the preserved bond, and on August 16, 2012, the court rendered a judgment that “H shall pay to Plaintiff C 50 million won, 463,546,230 won, and 20% interest per annum for each of the said money from April 5, 2012 to the date of full payment,” and it becomes final and conclusive on September 15, 2012, and K is in the state of insolvency even as of June 11, 2015, which is the date of the closing of the argument in this case.

H shall sell each real estate listed in attached Table 1 to M on April 16, 2008, and the registration of ownership transfer on the same day.

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