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(영문) 대전지방법원 2017.07.12 2016나101356
사해행위취소
Text

1. Of the judgment of the court of first instance, the part that seeks the assignment of claims to restore the original state following the revocation of fraudulent act.

Reasons

1. Basic facts

A. The Plaintiff, who supplied the Plaintiff’s claim C with the 59,912,600 system floor materials, etc., filed a lawsuit against the Daejeon District Court’s 2013Kadan11894 against C, and the said court rendered a judgment on September 27, 2013 that “C shall pay to the Plaintiff the amount of KRW 59,912,60 with interest of KRW 59,912,60 per annum from April 19, 2013 to the date of full payment,” and the said judgment became final and conclusive around that time.

The amount of the Plaintiff’s claim against C by adding damages for delay pursuant to the above judgment until April 25, 2014, which was brought by the Plaintiff to the instant lawsuit, is KRW 72,124,921.

B. On January 10, 2014, the issuance date of C, January 10, 2014, and January 10, 2014, the issuance date of C, the issuer, the issuer, the place of issuance and payment, and the place of payment, a promissory note 960,000 per each of the Seoul Special Metropolitan City (hereinafter “instant promissory note”) were issued and delivered to the Defendant under No. 44 of 2014, along with the instant promissory note attached thereto, a notarial deed stating that “if the payment of the instant promissory note is delayed, it shall be acknowledged that there is no objection even if it is immediately enforced.”

3) As to the claim claim amounting to KRW 500,00,000 as the title of execution, the Defendant: (a) requested the Seoul Eastern District Court 2014TTTT1389 to order the seizure and collection of the claim for the construction price claim against C in Seoul Special Metropolitan City; and (b) received the seizure and collection order on January 23, 2014; (c) F as the claim claim amounting to KRW 107,872,815 against C, the Seoul East Eastern District Court 2013TTTT1923; and (c) requested the seizure and collection order on November 15, 2013 against C by applying the seizure and collection order against the construction price claim against C in Seoul Special Metropolitan City as the claim amounting to KRW 107,872,815.

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