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(영문) 창원지방법원 2015.08.12 2014나6743
사해행위취소 등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On February 2009, Nonparty E Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) ordered the Plaintiff to “solar Electric Power Plant Construction Work” as a company established to run a new and renewable energy business. On October 7, 2009, Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) issued three copies of promissory notes as follows to the Plaintiff on October 7, 2009, including face value 1,640,908,630 won.

(2) On February 1, 2010, the following notes issued by the non-party company are “each of the instant promissory notes,” and the Plaintiff’s claim against the non-party company is “the instant promissory notes.” Serial No. 664,709,589, the issuer of the original payment date of the promissory notes No. 1 G 664,709,589, and on February 1, 2010, the non-party company 2H512,657,534 on February 15, 2010 〃 3 I 463,541,507, “the sum” 1,640,908,630 on February 28, 2010.

B. When each of the instant promissory notes was refused to pay at the due date, the Plaintiff filed a lawsuit claiming the payment of promissory notes with the Changwon District Court for the non-party company and the F (the representative director of the non-party company) under the Changwon District Court 2010Da3211. On August 24, 2011, the conciliation was established on the following grounds: “The non-party company and F shall jointly and severally pay 1.2 billion won to the Plaintiff, but if the non-party company and F delays the payment of the amount, the amount shall be jointly and severally paid to the Plaintiff at a rate of 1.6 billion won per annum from January 1, 2012 to the day of full payment (hereinafter “the instant conciliation”).

C. Meanwhile, the non-party company set up a provisional registration of the right to claim ownership transfer or a collateral security on all or part of each real estate listed in the separate sheet (hereinafter “each real estate of this case”) owned by it against the Defendants as follows.

1. Each of the real estate in this case to Defendant A around January 25, 2010 and its corresponding.

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