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(영문) 서울북부지방법원 2018.08.28 2017나40410
사해행위취소
Text

1. Revocation of a judgment of the first instance;

2. As to the 1/3 shares of the real estate listed in the separate sheet between Nonparty B and the Defendant.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the records in Gap evidence 1 to 4, 6 through 9, and Eul evidence 4 (including each number; hereinafter the same shall apply), the court of the first instance may find facts with reference to the fact-finding results and the whole purport of arguments against the inside agricultural cooperative head at the court of the first instance.

On September 5, 2002, Korea Housing and Urban Guarantee Co., Ltd. (hereinafter “Korea Housing and Urban Guarantee”) lent 64 million won (hereinafter “instant loan”) to C Co., Ltd. (hereinafter “C”).

B. The Korea Housing Guarantee filed a lawsuit for the return of the loan with the Daegu District Court 2009Kahap6770, which did not repay the loan of this case, and on August 20, 2009, “C shall pay damages for delay of KRW 558,380,217 to the Korea Housing Guarantee and KRW 517,98,848 among them” was rendered a favorable judgment. The above judgment became final and conclusive at that time.

C. B was appointed as an internal director on November 15, 2012, who is the representative of C. D.

D The heir died on December 11, 2012, and there were children B, E, and Defendant.

E. On May 3, 2013, C and B entered into an agreement on installment repayment of debt reduction and exemption regarding the instant loan (hereinafter “instant agreement”) with the Korea Housing Guarantee Department. The key contents are as follows.

C and B (hereinafter referred to as the “Agreement”) agree as follows with respect to the reduction of and exemption from, and installment repayment of, the obligation as a debtor pursuant to an agreement of monetary loan for consumption concluded between the Korea Housing Guarantee (hereinafter referred to as “Egy”) and C, and undertake to perform it in good faith:

Article 1 (Approval of Amount of Debt) The Arrangements recognize that the balance of debt owed to your History as of May 3, 2013 is KRW 1,113,718,199 (principal KRW 531,340,147, interest KRW 595,719,351), and recognize that the extinctive prescription of the claim against the Agreements has been suspended.

Article 2 (Repayment of Obligations) (1) An agreed person shall perform the obligations under Article 1.

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