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(영문) 서울고등법원 2015.07.09 2014나2026727
사해행위취소
Text

1. The decision of the first instance court, including the plaintiffs' claims changed in the trial, shall be modified as follows:

Defendant.

Reasons

Basic Facts

Plaintiff

The Songamam Amcom Co., Ltd. (hereinafter “Plaintiff Youngam Amcom”), and the Plaintiff Youngam Amcom Co., Ltd. (hereinafter “Plaintiff Youngam Amcom”), are the companies that supplied the instant pharmacy operated by Defendant E, and the Plaintiff A and the Plaintiff C, as the employees of the instant pharmacy, and the pharmacist, were known to Defendant E.

On November 23, 2012, Defendant E transferred all of the drugs, facilities, leases, goodwill, etc. of the instant pharmacy to Defendant D with KRW 150 million.

(2) As to each claim made by the Plaintiff on December 1, 2006 through October 1, 2012, Defendant E has issued a promissory note of KRW 70,00,00 at par value from December 1, 2006 to October 2012 (I, due date, November 30, 2012) to issue a promissory note of KRW 110,000,000 at face value and KRW 70,000 at face value and KRW 110,000 at face value and KRW 10,000 at face value and KRW 20,000 at face value and KRW 10,000 at face value and KRW 20,50 at face value and KRW 100,000 at face value and KRW 20,000 at face value and KRW 300,000 at face value and KRW 500,000 at face value and KRW 200,500.27.27.

B. K transfers 40,000,000 won out of the above amount of the Promissory Notes. Defendant E issues a Promissory Notes (L and the due date February 28, 2013) with face value of 48,000,000 won.

B. The fact that: (a) the loan of KRW 15,00,000 as of October 31, 201; (b) the loan of KRW 13 million as of November 25, 201; and (c) the loan of KRW 7 million as of August 6, 201, out of the loan of KRW 15,00,000,000 as of August 6, 201, the amount of KRW 183,782,52,526 credit amount of KRW 37,445,818; and (d) the fact that Plaintiff C has a claim against Defendant E under the following subparagraphs is not disputed between the parties; or (e) the fact that: (c) the loan of KRW 13,00,000 as of August 25, 201, and KRW 7 million as of August 6, 2012; (d) the fact that: (e) there is no dispute between the parties to the lawsuit;

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