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(영문) 대구지방법원 김천지원 2018.08.22 2017가단31025
사해행위취소
Text

1. The reservation to trade concluded on December 9, 2016 between the defendant and F with respect to real estate listed in the separate sheet shall be revoked.

2...

Reasons

1. Basic facts

A. On September 5, 2014 to October 27, 2015, Plaintiff A loaned KRW 132,200,000 in total, and Plaintiff B loaned KRW 138,000 to October 6, 2015 interest rate of KRW 138,00,000 from March 11, 2014 to October 5, 2015, Plaintiff A filed a lawsuit claiming loans with Plaintiff for the loans of KRW 2015,33591, the Daegu District Court Decision 2015Da33591, March 17, 2016, and the said decision became final and conclusive at the rate of 101,84,035, Plaintiff B’s annual payment of KRW 41,65,869 and each of the said amounts to Plaintiff B around November 1, 2015 to Plaintiff 25.

B. From October 10 to October 22, 2015, Plaintiff C lent KRW 186,419,90 in total to 4-5% per month interest. Plaintiff D lent KRW 181,745,00 in total to 6-10% per month interest from April 14, 2015 to October 28, 2015, and Plaintiff D paid KRW 181,745,00 in total to 6-10% per month interest. Plaintiff C filed a lawsuit claiming loans from the Daegu District Court 2016Da31622, August 18, 2016, “G was paid to Plaintiff C at the rate of KRW 73,715,651, and KRW 83,438,891, and each of the above money was paid at the rate of 15% per annum from November 1, 2015.”

C. During the period from January 18, 2016 to June 18, 2016, the Plaintiffs received the order of provisional seizure against the claims for return of unjust enrichment against G as the preserved claim against G, respectively, under the Daegu District Court Kimcheon-si 2015Kadan1076, 2015Kadan1077, 2016Kadan10157, and 2016Kadan10160, respectively. The Plaintiffs thereafter received the order of provisional seizure against the claims against G, based on the above favorable judgment as to December 12, 2016, the Daegu District Court Kimcheon-si 2016Kadan3937 through 2016taga3940, which became final and conclusive around that time.

G From December 7, 2009 to October 30, 2015, the aggregate of KRW 1,516,584,000 borrowed from F.

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