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(영문) 인천지방법원 2019.06.13 2018나63351
사해행위취소
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is all dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiff’s bill gold claims 1) The Plaintiff Company D (hereinafter “D”)

(2) On May 26, 2017, the Plaintiff filed a suit for the claim for the payment of promissory notes with the face value E, 56 million won issued by the above company, the issue date May 25, 2016, and September 3, 2016, and with the Seoul Eastern District Court 2016Kadan3660. The above court rendered a judgment on May 26, 2017 that “D shall pay to the Plaintiff 56 million won and its interest rate of 15% per annum from March 8, 2017 to the day of complete payment.” The above judgment became final and conclusive on June 13, 2017, with the above 106 per annum of KRW 160,000,000,000 issued by each D, KRW 16,000,000,000,000 per annum of KRW 1636,000,000,000 per annum.

3) The Plaintiff filed a lawsuit for the claim for the payment of promissory notes with the Seoul East Eastern District Court (Seoul Eastern District Court 2016dan36707, Nov. 25, 2016), which issued D’s number H, face value of KRW 150 million, issuance date of the Promissory Notes, and the due date on August 25, 2016. On December 12, 2017, the said court rendered a judgment that “D shall pay to the Plaintiff the amount calculated at the rate of KRW 150 million with the interest of KRW 150 million and the interest of KRW 15% per annum from August 4, 2017 to the date of full payment.” The said judgment became final and conclusive on January 26, 2018, D’s default settlement was suspended on August 18, 2016, and each of the electronic bills was suspended on August 16, 2016.

2. Land that is the active property of D around November 16, 2016.

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