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(영문) 인천지방법원부천지원 2017.11.01 2017가합100283
사해행위취소
Text

1. The assignment contract between the Defendant and Nonparty C on November 21, 2014 concerning the claims indicated in the separate sheet No. 1 that was concluded between the Defendant and Nonparty C is 768.

Reasons

1. Basic facts

A. 1) In the case where the Plaintiff sought payment of KRW 700 million against D and C due to the cancellation, etc. of a contract for the same business as the case (Yancheon District Court 2010Dahap2097), the following adjustment was concluded between the parties on June 15, 2010 (hereinafter “instant adjustment”).

1. The Defendants (D and C) are jointly and severally liable to the Plaintiff (the Plaintiff):

(a) 662.5 million won shall be paid; (i) 25 million won shall be paid in 500,000 won on the last day of each month from July 2010 to November 2010; and (ii) 300,000 won shall be paid in 50,000 won on the last day of each month from July 2010 to December 31, 2010; and (iii) the Plaintiff shall, upon receiving the payment from the Defendants, cancel the application for provisional seizure against real estate from Incheon District Court 2009Kadan30345, and (iii) 337.5 million won shall be paid in 10,000 won on the last day of each month from January 201 to September 2013, and 7.5 million won shall be paid on October 31, 2013, respectively.

B. The above A.

(3) pay interest in 41 million won to December 31, 2013; and

C. The Defendants’ above A, B.

If the payment of each of the amounts stated in paragraph (1) is delayed, it shall be paid immediately after he/she loses the benefit of time by adding 15% per annum from the day following the day on which he/she loses the benefit of time to the day of full payment.

1. Paragraph 1.a of the conciliation provision;

(2) With respect to paragraph (2), 300 million won;

(a) is deferred until April 30, 201 as paid;

(b) 12 per annum interest on the above deferments shall be paid, which shall be paid in a lump sum on October 31, 2013.

2.The conciliation provisions 1.a.

(3) with respect to paragraph (3), 37.5 million won;

A. From December 2, 2010 to April 201, 5 million won as of the end of each month; from May 201 to September 2013, 10 million won as of the end of each month; and 7.5 million won as of October 31, 2013, respectively.

(b) The remainder of KRW 15 million shall be paid in April 30, 201.

3. Without regard to each of the above provisions, C's application for the revocation of provisional seizure filed against Nonparty E (Seoul Eastern District Court 2010Kadan8669) is quoted.

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