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(영문) 대전지방법원천안지원 2019.11.28 2018가단107523
사해행위취소
Text

1.(a)

On April 2018, Defendant B and D with respect to each real estate listed in [Attachment Nos 1 and 2] between Defendant B and D.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) The Plaintiff is F Co., Ltd. (hereinafter “F”).

(2) On June 14, 2017, upon receipt of an order to pay the price of goods from Suwon District Court (Seoul District Court Decision 2017Da1631), F and G applied for the order to pay the price of goods to the Plaintiff on June 14, 2017, “F and G jointly pay the Plaintiff 183,949,483 won and 15% interest per annum from the next day of the delivery of the original payment order to the day of complete payment.” The above payment order was served to F on June 19, 2017, and became final and conclusive July 4, 2017.2) The Plaintiff applied for the order to pay the price of goods from Suwon District Court 2017Da272727, and served the Plaintiff with the payment order at the rate of 16% interest per annum 16,000 from the next day of the original payment order to the date of full payment.”

3) In addition, the Plaintiff is a joint and several surety E Co., Ltd. (hereinafter “E”).

(B) On December 22, 2017, upon receipt of an order to pay the purchase price of each real estate indicated in [Attachment 1 and 2] No. 1 and 2 (hereinafter “No. 1 and 2 real estate”) from Suwon District Court, the payment order was issued on December 22, 2017, “E shall pay the Plaintiff 178,949,483 won and the amount calculated by the rate of 15% per annum from the day following the delivery of the original copy of the payment order to the day of full payment.” The above payment order was served to E on December 29, 2017, and became final and conclusive January 13, 2018. (B)D on January 18, 2018, with respect to each real estate (hereinafter “No. 1 and 2 real estate”) listed in [Attachment 1 and 1,200 million won, and with respect to each real estate (hereinafter “No. 1,2000,000 won”).

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