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(영문) 서울고등법원 2013.10.02 2013나17393
사해행위취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim (including the part extended from the trial) is dismissed.

3...

Reasons

1. Basic facts

2. Defendant (C) and Selection E shall be jointly and severally paid KRW 250,000,000 to the Plaintiff (A) until December 31, 2006, and KRW 50,000,000 until May 31, 2007, and KRW 100,000,000 until December 31, 207, and KRW 80,000,000,000 until June 30, 2008, respectively.

Provided, That where the defendant and the selected person E fail to pay any installment, the defendant and the selected person shall lose the benefit of the deadline, and the total amount of the amount payable up to that time shall immediately arrive, and the amount not paid shall be paid by adding the amount at the rate of 16% per annum from the date following the due date to the date of full payment.

(s) Omission of machine provisions)

A. The Plaintiff filed a lawsuit against C (hereinafter referred to as “C”; hereinafter referred to as “stock company”) and its representative director E seeking the payment of the agreed amount of KRW 300 million as Seoul Central District Court 2006Gahap59231, Sept. 25, 2006 (hereinafter referred to as “instant conciliation”); the Plaintiff’s claim against C following the said conciliation was established.

B. On February 27, 2006, the Korea Exchange Bank set up a collateral security right with regard to each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) with regard to KRW 7.8 billion (the subsequent maximum debt amount shall be changed to KRW 4.82 billion) and with regard to each of the said real estates as indicated in the separate sheet (hereinafter “instant real estates”).

On November 30, 2007, C entered into a trust agreement with the beneficiary with the beneficiary of the first priority interest in C C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, and the registration of ownership transfer of each of the instant real estate on the C, the same day.

C. On the basis of the above right to collateral security, the Korea Exchange Bank shall grant each of the instant real estates.

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