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(영문) 부산고등법원(창원) 2014.09.26 2013나3258
사해행위취소 등
Text

1.The judgment of the first instance shall be modified as follows:

The defendant and B Co., Ltd. are listed in attached Tables 2 and 3.

Reasons

1. Basic facts

A. On May 25, 2009, B and C borrowed KRW 1,00,00,000 from the Plaintiff as interest rate of 2% on the basis of the occurrence of the preserved claim (hereinafter “instant loan certificate”) and on May 25, 2009, the loan certificate stating that “B borrowed KRW 1,00,000,000 from the Plaintiff as interest rate of KRW 1,00,000,00 from the Plaintiff, and at the prompt date after the loan is made, the instant loan certificate shall be transferred to

(2) On the same day, the Plaintiff: (a) signed the loan certificate and certified as a notary public with the Securities Depository No. 2051 on the same day (the Plaintiff asserted that the part was completed after the drawing up of the loan certificate of this case, but there is no evidence to acknowledge it; (b) rather, according to the result of the court’s commission of delivery of the document to the law firm Korea-do notary public, this is not written after drawing up the loan certificate of this case, but it is recognized as stated at the time of drawing up the loan certificate of this case). (c) The Plaintiff filed a loan (hereinafter “the loan of this case”) as stated in paragraph (1) (hereinafter “the loan of this case”).

On November 24, 2010, the above court filed an application for a payment order with B. The above court ordered the Plaintiff to pay the amount of KRW 1,00,000,000 and the amount of KRW 24% per annum from May 25, 2009 to the date of complete payment. The above payment order became final and conclusive on December 14, 2010 with respect to B. (B) The Defendant was a relationship with B where B has been engaged for a long time in the same industry as B, and was engaged in monetary transactions such as the payment of loans, investments, etc. in B around 208.

2) As between January 18, 2010 and B, when the acquisition of the Defendant’s “D” ownership is completed, the Defendant did not acquire ownership because it did not pay any balance after the conclusion of the sales contract (at the time, the acquisition of ownership was completed).

For the convenience of navigation of the above vessel, B of this case

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