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(영문) 창원지방법원 2019.07.18 2018가합51204
사해행위취소
Text

1. The plaintiff A's lawsuit of this case shall be dismissed.

2. The plaintiff B and C's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. 1) Plaintiff C, E, and F (E) drafted each of the following certificates of monetary rent: (a) Plaintiff C, E, and F (E) drafted each of them:

(A) The certificate of loan borrowing (Evidence 1-2) dated November 11, 2016: F, a joint and several surety, C, a creditor, a loan amount of KRW 200,000,00, the due date for payment of KRW 100,000,000, “100,000,000 immediately after three months for creditors if necessary,” and the money borrowing certificate (Evidence 1-1) dated November 15, 2016: The debtor, F, creditors, C, a loan of KRW 100,00,000,000, KRW 20,000,000, KRW 100,000,000, KRW 20,0000, KRW 10,0000, KRW 20,0000, KRW 10,0000, KRW 10,0000 and KRW 10,05,200,000, Plaintiff cF respectively.

(B) Plaintiff B paid KRW 180,00,000 to F on November 2, 2016, 2016, as the debtor F, E, Creditor B, Loan Amounting to KRW 180,00,000, and due date for payment to KRW 2,700,000.

(No. 5-3 and No. 6-3) Plaintiff A’s loan certificate was drawn up by Plaintiff A, E, and F on August 25, 2016, with the following content (No. 1-4, hereinafter “the loan certificate of this case”).

“debtor F, Joint and Several sureties E, Creditor A, Loaned 200,000 won due date of August 24, 2017; and 2,000,000 won per month of interest.”

B. 1) The Defendant entered into the instant sales contract with E as to each of the real estate listed in the separate sheet No. 1 (hereinafter “real estate”) and collectively “each of the instant real estate”.

(1) On October 21, 2016, a sales contract was prepared for the purchase of B with the following terms (No. 3; hereinafter “instant sales contract”).

2. Terms and Conditions of Contract (Article 2 of the General Agreement).

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