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(영문) 수원지방법원안산지원 2015.09.10 2014가합2546
사해행위취소
Text

1. The Defendants’ transfer and takeover contract concluded on December 26, 2012 with respect to the claims stated in the separate sheet shall be revoked.

2.

Reasons

1. Basic facts

A. The Plaintiff loaned each of the loans worth KRW 140 million on November 6, 2007 to Defendant A Co., Ltd. (hereinafter “Defendant A”), and KRW 470 million on December 10, 2007, and Defendant A’s representative director D guaranteed each of the loans owed by Defendant A.

B. As the Plaintiff was unable to receive the principal and interest of the loan from Defendant A, on November 20, 2012, the Seoul Central District Court filed an application for payment order with Defendant A and D as Seoul Central District Court 2012 tea86732, and the payment order dated December 4, 2012, stating that “Defendant A and D jointly pay KRW 357,012,180 and delay damages therefrom,” was finalized on December 28, 2012.

C. On the other hand, on April 6, 2012, Defendant A prepared a notarial deed of a monetary loan agreement with Defendant B, which provides for KRW 280 million as a loan. On December 26, 2012, Defendant B transferred to Defendant B the bonds listed in the separate sheet with Defendant A (hereinafter “instant bonds”) and notified C of the transfer on December 2012.

On January 24, 2013, the Plaintiff received a seizure and collection order (which means the amount claimed as KRW 363,943,528 with respect to the instant claim) (which means the amount claimed as KRW 363,943,528). On January 29, 2013, the said order was served to C on January 29, 2013.

E. On May 16, 2013, C deposited KRW 141,328,083 with the deposited person as Defendant A or B pursuant to Article 487 of the Civil Act and Article 248(1) of the Civil Execution Act, based on the fact that “it is impossible to confirm whether the instant claim has been transferred genuinely to B, and is served with a seizure and collection order.”

(Seoul Central District Court No. 10502). (f) On April 30, 2014, the Plaintiff filed the instant lawsuit against the Defendants seeking revocation of the fraudulent act.

[Grounds for Recognition] Facts without dispute, Gap evidence 1 to 4 (including each number), Eul evidence 3, the purport of the whole pleadings

2. Part on the claim for the revocation of the fraudulent act against the defendant B

A. Defendant B’s judgment on the main defense

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