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(영문) 대전지방법원천안지원 2016.01.15 2015가합101880
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. As to F, the relationship 1 between the parties and F

(2) On the other hand, Defendant C is a representative director from July 23, 2012 to F in-house director from the same day, Defendant D is a F in-house director, and Defendant E is a F in-house auditor from the same day.

B. On January 29, 2010, Defendant D entered into a business agreement and the instant notarial deed, as follows, with F, and H and I jointly and severally guaranteed the obligation under the said agreement. FHDI JF KF L2) Defendant D and F, on August 21, 2012, drafted a notarial deed with the content that F repaid to Defendant D the amount of KRW 530,000,000 (i.e., outstanding investment amount of KRW 290,000,000 as dividends of KRW 240,00,000 as dividends of KRW 2,40,000,000 (However, the said notarial deed is null and void pursuant to the agreement on August 7, 2015), and again drafted the instant notarial deed on October 1, 2012.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 7, 19 evidence, Eul evidence 8 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the claim for revocation of fraudulent act

A. Since the debt repayment contract based on the notarial deed of this case alleged by the plaintiffs constitutes a fraudulent act, the plaintiffs exercise the right of revocation and revoke it.

The purport of Defendant D’s claim is as above.

The plaintiffs are obligated to compensate for the amount of money that they received through compulsory execution according to the notarial deed of this case.

B. The Defendants asserted that the instant lawsuit is unlawful since the limitation period has elapsed, on October 4, 2013, the Plaintiff Mada Integrated Construction Co., Ltd., and the Plaintiff A and B knew that there was a fraudulent act between Defendant D and F on December 5, 2013.

A lawsuit for revocation by a creditor shall be filed within one year from the date on which the creditor becomes aware of the cause for revocation.

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