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(영문) 서울중앙지방법원 2016.05.25 2015가합526665
사해행위취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The plaintiffs' lending and joint and several sureties A Co., Ltd. (hereinafter "A")

(3) On October 31, 2013, upon D’s request, remitted KRW 300 million to D’s private village E account. On the following day, D entered into a monetary loan agreement with D by setting the rate of 30% per annum, interest payment, and due date for repayment as of October 30, 2014 (hereinafter “the first loan obligation of this case”).

(2) On November 25, 2013, Plaintiff B loaned KRW 600 million to D with a rate of 24% per annum, and due date for repayment until May 24, 2014 (hereinafter “instant loan obligations”); and Plaintiff B received reimbursement of KRW 230 million out of the principal amount on May 25, 2014.

3) D means an Internet file management service that can store, peruse, edit and share a document or file with a large number of people by securing a certain capacity storage space on the same day as the date of concluding the contract for each monetary loan for consumption as above.

(C) A corporation (hereinafter “C”) which is an operating company

(D) On behalf of the Plaintiffs, each of the instant loans obligations against the Plaintiffs was jointly and severally guaranteed (hereinafter collectively referred to as “joint and several sureties of this case”).

B. B. The Plaintiffs’ claim recovery act 1) D was unable to repay each of the instant loan obligations at the due date. On March 27, 2015, Plaintiff A received a seizure and collection order against each of the sales claims against the Defendant’s Internet settlement agency under Seoul Eastern District Court Decision 2015TUT 4485 (hereinafter “Case Roglgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrg

2 Plaintiff A agreed on April 7, 2014 with Defendant and C to receive KRW 26,823,246 out of the settlement amount of KRW 150 million, which is not paid to the Defendant by gallonal Communications, and from April 10, 2014, Plaintiff A agreed to receive KRW 26,823,246.

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