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(영문) 창원지방법원 2016.10.06 2015가단79297
사해행위취소
Text

1. Attached Form;

1. As to each real estate listed in the list:

A. It was concluded on March 4, 2013 with Defendant B and D.

Reasons

1. Basic facts

A. (1) Around 2011, the Plaintiff entered into an oil supply contract with E Co., Ltd. (hereinafter “E”) to supply oil to the said company’s vehicle, and supplied oil to E affiliated and F Co., Ltd. (hereinafter “F”).

E and F delayed the payment of oil price from January 2012, the Plaintiff discontinued the supply of oil.

E and F confirmed the oil payment obligation between the Plaintiff and the Plaintiff on June 20, 2012 as KRW 335,542,561, and E’s representative G and F’s representative director D jointly and severally guaranteed the above oil payment obligation against the Plaintiff of E and F.

(2) On June 20, 2012, G was delegated by D and F with all acts regarding the preparation of notarial deeds, and on June 20, 2012, G drafted a notarial deed (certificate 285,542,561) with the content that “The Plaintiff shall be paid KRW 100,000,000,000 until June 30, 2012, and KRW 100,000,000,000 until July 10, 2012, and KRW 85,542,561 by August 10, 2012, G shall jointly and severally pay damages for delay at the rate of 20% per annum for the amount due to delay.”

On the other hand, on July 6, 2012, E repaid to the Plaintiff KRW 76,00,000 out of the debt under the said notarial deed.

(3) On July 2, 2013, D filed a lawsuit of objection against the Plaintiff on the said No. 2013 Masan Branch of Changwon District Court as the said No. 201570.

On September 26, 2014, the above court rendered a judgment that “The compulsory execution based on the No. 857 of the deed of debt repayment contract No. 857 of the 2012, which was signed by a notary public of the Plaintiff as to D, shall not be permitted only to the portion exceeding KRW 209,542,561.”

Although D appealed against the above judgment, the appeal was dismissed and the above judgment became final and conclusive as it is.

B. (1) D) March 4, 2013, including the conclusion of a sales contract for each of the instant real estate.

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