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(영문) 대전지방법원 2019.02.15 2018나110408
사해행위취소
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On November 16, 2016, according to the commission of the Plaintiff, D, and C, a notary public, stating that “D, on November 6, 2016, shall be KRW 30 million from the Plaintiff at the annual interest rate of 25% (payment on July 6, 2016), maturity of payment, and July 6, 2018, and C shall be jointly and severally and severally guaranteed the obligation of D’s borrowing money,” was drafted a notarized deed No. 1266, 2016 (hereinafter “notarial deed”).

B. Based on the instant notarial deed, the Plaintiff collected KRW 6,425,898 from C on May 10, 2017, and KRW 5,290,100 on May 17, 2017, and KRW 2,973,545 on June 12, 2017, and KRW 1,270,540 on August 28, 2017, respectively.

If the principal and interest of each of the instant loans is appropriated for performance, the principal and interest of each of the instant loans shall be KRW 19,449,589 as of June 12, 2017, as indicated in the calculation table of the amount appropriated, and the principal and interest of the instant loans shall be KRW 19,204,814 as of August 28, 2017.

C. On July 31, 2017, C and the Defendant concluded a contract on the transfer of the instant business license to the Defendant (hereinafter “instant transfer contract”) at KRW 70 million (hereinafter “instant transfer proceeds”). D.

The Plaintiff’s de facto marital spouse D was liable for KRW 15 million to the Defendant’s spouse in de facto marriage. However, the Defendant transferred KRW 2,00,000 to the Plaintiff’s account on July 31, 2017, in cash, KRW 25 million to the Plaintiff on August 2, 2017, respectively, in cash, KRW 13 million, and KRW 15 million to the Plaintiff on August 2, 2017, out of the instant transfer proceeds, the amount of KRW 5,00,000,000, which remains after deducting the amount of said KRW 15 million from the transfer proceeds.

E. As of July 31, 2017, the principal and interest of the instant loan claims as of 20,102,349 won [=19,449,589 won] 652,760 won (=19,449,589 won x 0.25 x 49/365)].

F. At the time of entering into the instant transfer contract, the instant business license was the only property C.

[Ground of recognition] Facts without dispute, Gap 7, 8, 13 through 19, Eul.

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