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Reasons
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(영문) 대전고등법원 2019.05.15 2018나10737
사해행위취소
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On October 5, 2012, the Plaintiff, a financial institution, extended the maturity of KRW 500 million to C as of September 15, 2015, and thereafter, on September 15, 2015, the maturity of KRW 50 million was extended by three months until December 15, 2015, when repayment was made from C of KRW 50 million from the said loans.

As of March 11, 2016, the remainder of the loan claim against C is KRW 479,884,698 (i.e., principal interest of KRW 450 million and damages for delay, KRW 29,84,698 (hereinafter “instant loan claim”).

B. AL and AG are marital relations, AG (Fourth), AM (First), N (Fifth), Defendant (Third) are siblings.

AL, AG, and the defendant are shareholders of C, and AL is the representative director of C, AG is the internal director of C, and the defendant is the auditor of C.

C. On June 15, 2015, C concluded a contract with AG to sell each of the instant real estate owned by C to KRW 2.41 billion [the down payment agreement: KRW 240 million on June 15, 2015; KRW 330 million on July 14, 2015; the intermediate payment; and the remainder amount of KRW 1.84 billion on July 15, 2015 (the payment of KRW 1.5 billion on the remainder with a bank loan and the remainder of the current deposit) (hereinafter referred to as the “prior sales agreement”). The contract was rescinded.

AG’s total amount of KRW 792 million paid to C before the rescission of the preceding sales contract of this case is as follows.

1) On June 12, 2015, CL, KRW 240 million, KRW 240 million, KRW 2,000, KRW 1500,000, KRW 2) on June 15, 2015, KRW 300,000, KRW 3,600,000, KRW 3,000, in the name of the contract deposit) on June 26, 2015, KRW CAL, KRW 60,000, KRW 4,000, the representative director’s return of the deposit, KRW 4,000,000, KRW 5,000, KRW 3,000, KRW 30,000, KRW 3,000, KRW 12,000, KRW 6,000, KRW 6, in the name of the representative director’s return of the deposit) on July 13, 2015.

On July 14, 2015, AON, 200 million won transfer, 200 million won, 8 under the name of the payment of credit purchase amount.

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