logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.10.24 2018가합209373
청구이의
Text

1. The judgment on the revocation case against the Defendant’s fraudulent act by the Daegu District Court on October 27, 2016.

Reasons

1. Basic facts

A. On September 10, 2007, the Defendant: (a) lent KRW 100,000,00 to C Co., Ltd. (hereinafter “Nonindicted Company”) at the maturity of KRW 30% on June 30, 2009, with interest rate of KRW 30%; (b) but was not repaid, the Defendant applied for a payment order against Nonparty Company under Daegu District Court racing-Support 2012j33; and (c) the said payment order became final and conclusive on February 18, 2012.

B. In the event that the non-party company was insolvent, on September 9, 2013, entered into a debt repayment contract with the Plaintiff for KRW 360,800,000 and retirement allowance for KRW 30,66,66,67 from October 9, 2006 to August 2013. The Defendant filed a lawsuit against the Plaintiff, etc. for revocation of the fraudulent act (Tgu District Court 2014Gahap7531) and was ruled in favor of the Plaintiff, etc. on October 27, 2016, that “the debt repayment contract that the non-party company entered into with the Plaintiff on September 9, 2013 is revoked within the scope of KRW 150,00,000 and the Plaintiff paid the Defendant damages for delay.”

Although the Plaintiff appealed against the above judgment of the first instance court, the judgment dismissing the appeal was rendered on September 13, 2017 (Seoul High Court 2016Na27147). The above judgment became final and conclusive on September 30, 2017.

(hereinafter “final judgment of this case”). C.

On October 12, 2016, the Defendant drafted a written agreement (No. 3, hereinafter “instant agreement”) with D as follows:

Secretary of the United States of America

1. The Defendant shall not execute the judgment in a case where the Daegu District Court 2014Gahap7531 rendered a favorable judgment against the Plaintiff in the revocation case of fraudulent act.

2. The defendant shall, upon the request of the plaintiff with respect to provisional seizure against real estate at Daegu District Court 2015Kahap3282, immediately withdraw the application for provisional seizure and apply for revocation of execution (cancellation of execution).

3.D shall cooperate with the accused, on the charge of embezzlement of the proceeds of the excavation of cultural heritage, in order for the accused to be convicted of E, by faithfully providing objective data and providing witness statements.

4. D is non-party D.

arrow