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(영문) 광주지방법원순천지원 2020.09.16 2019가단70008 (1)
사해행위취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. (1) On April 27, 2018, Plaintiff A filed a lawsuit seeking the return of loan with the Gwangju District Court 2018Gadan74119 on November 27, 2018 with the purport that “G shall pay to Plaintiff A the amount calculated by the rate of KRW 70,000,000 and the interest rate of KRW 15% per annum from December 1, 2017 to the date of full payment.” The judgment became final and conclusive around that time.

② Plaintiff B applied to G for a payment order for a loan payment of KRW 390,000,000 from May 20, 2017 to Plaintiff B, 115,000,000 from March 4, 2018 to December 14, 2018, Plaintiff B received a payment order from the said court to the effect that “G shall pay 15% interest per annum for KRW 390,000,000 from March 4, 2018 to the date of full payment” from the said court.

③ Plaintiff C applied for a payment order against G to the extent that “G would pay 142,50,000 won to Plaintiff C and 82,500,000 won out of the above amount, from September 27, 2017, and from December 14, 2018 to the date of full payment, the said payment order became final and conclusive around that time with the payment order with the purport that “G would pay 15% interest per annum from September 27, 2017 to the date of full payment for KRW 60,000,000,000” from the above court.

④ Plaintiff D applied for a payment order against G to the effect that “G shall pay to Plaintiff D 51,00,000 won and 15% interest per annum from July 19, 2017 to the date of complete payment.” The above payment order became final and conclusive around that time, upon receiving an order from the above court to the effect that “G shall pay to Plaintiff D 51,00,000 won and 15% interest per annum from July 19, 2017 to the date of complete payment.”

⑤ Plaintiff E shall issue a payment order against G seeking a loan to the relevant Gwangju District Court 2019 tea147.

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