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(영문) 서울남부지방법원 2014.10.16 2013가합108441
사해행위취소
Text

1. On December 20, 2012, Nonparty B Co., Ltd.: (a) the face value of KRW 2,000,000,000 for the Defendant; (b) the place of issuance, and the place of payment for the Defendant.

Reasons

Basic Facts

On September 6, 2010, the Plaintiff’s claims against Nonparty B Co., Ltd.: (a) written statement that the Plaintiff would pay KRW 300 million to the Plaintiff for compensation for damages arising from the disposition of business suspension related to the acquisition of a comprehensive construction company permanently stationed in the Plaintiff (a notary public prepared and executed a deed signed by a private person, No. 3065, 2010, and (b) Nonparty B Co., Ltd (hereinafter “B”) operated by Nonparty D, a form of punishment C, jointly and severally guaranteed the said obligation.

On September 20, 2012, the Plaintiff received KRW 60 million from the above KRW 300 million, and thereafter, the Plaintiff prepared a letter stating that “The Plaintiff shall pay KRW 240,000,000,000 to the creditor A and the debtor B’s representative director D, in connection with the certificate (No. 3065), at least KRW 50,000,000,000, as the amount of debt repayment, for the remainder of the debt amount to be agreed upon by the head office: Provided, That the Plaintiff shall assume legal responsibilities in the event of nonperformance of the above content.”

The Plaintiff received additional KRW 15 million from B on January 7, 2013.

B around December 17, 2012, the supply and demand B received from Seocho-gu Seoul Metropolitan Government the “E Installation Work” (hereinafter “E Installation Work”) from the construction cost of KRW 1,506,038,000, and entered into a contract on December 28, 2012 and the construction period was determined from December 28, 2012 to May 26, 2013 ( September 30, 2013).

On December 20, 2012, the issuance of promissory notes and dividends B against the Defendant issued 1 copy of the Promissory Notes with face value 2,00,000,000,000, the place of issue, place of payment, each of the Seoul Special Metropolitan City and the place of payment, each of the Seoul Special Metropolitan City and the place of payment, and each of the Promissory Notes with a view to accepting compulsory execution under the 2012 Certificate No. 1225 by a notary public on December 28, 2012.

On the same day, the defendant shall claim the amount of KRW 2 billion on the above notarial deed, and as to the claim for the construction price of this case against Seocho-gu Seoul Seocho-gu Seoul, Seoul Southern District Court No. 2012TTTTT24946.

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