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(영문) 수원지방법원 성남지원 2018.10.19 2017가합408748
사해행위취소
Text

1. Revocation of the performance of the obligation made on August 31, 2017 by C to the Defendant of the Co., Ltd.

2. The Defendant, on December 334, 812, shall be against the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a stock company C (hereinafter “C”) on October 20, 2015, including the preparation and delivery of the Promissory Notes in the instant case.

2) On December 16, 2015, the Plaintiff extended KRW 228,00,000 (this rate is 17% per annum, maturity of 17%, March 31, 2016) to D who is the Defendant’s spouse. On the same day, the notarial deeds of promissory notes of KRW 243,040,00 per annum with the issuer D and C with the obligee as the Plaintiff’s obligee, and the issuer were issued with the promissory notes of KRW 29,460,00 per annum with the obligee’s friendship E with the obligee’s friendship. 2) The Plaintiff additionally lent KRW 228,00,000 per annum to D on April 7, 2016 (this rate is 17% per annum, maturity of 17%, March 31, 2016).

3) As above, the Plaintiff provided D with a total amount of KRW 828,00,00 (=50,000,000 KRW 228,00,000,000) to D, and paid KRW 47,313,302 under the pretext of the agreement from November 2, 2015 to April 11, 2016, but was paid KRW 47,313,302 under the pretext of the agreement, but was not paid to the principal and the remainder of the loan, and on August 29, 2016, the Plaintiff agreed to receive KRW 936,00,000,000 including the principal and the remainder of the loan, and agreed to receive KRW 936,00,00,00 from D and C by March 31, 2017, and the said promissory notes (hereinafter “instant promissory notes”).

B. B. C’s repayment to the Defendant was issued on August 31, 2017 (hereinafter “instant repayment”) and KRW 334,812,354 as the name of the Defendant’s repayment of the existing obligation to the Defendant (hereinafter “instant repayment”).

【Ground for recognition,” 【Nos. 1 through 4, and No. 2 (including paper numbers; hereinafter the same shall apply)

The purport of the whole pleadings.

2. Determination

A. According to the fact of the establishment of the secured claim, the instant promissory note was established around August 29, 2016, and its maturity arrives on March 31, 2017, and it is apparent that the Plaintiff had the instant promissory note claim against C as of August 31, 2017, when the instant repayment was performed. Thus, the instant promissory note claim is subject to the obligee’s right of revocation.

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