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(영문) 서울중앙지방법원 2017.10.12 2016가단5019452
사해행위취소
Text

1. B Co., Ltd. on May 25, 2012: (a) par value of KRW 56,000,000 to the Defendant; (b) the payee; (c) the place of issuance; and (d) the place of payment.

Reasons

1. Basic facts

A. The Plaintiff’s claim for reimbursement against B Co., Ltd. 1) on March 15, 2012 (hereinafter “Nonindicted Co., Ltd.”) is established.

(2) On May 31, 2012, the Plaintiff paid KRW 30 million to C with the insurance coverage amounting to KRW 30,000,000, the insurance coverage period from March 15, 2012 to March 14, 2013, and from March 14, 2013, E concluded a contract for the payment guarantee of credit goods payment to the insured C (trade name): and E guaranteed the debt to the Plaintiff of the non-party company arising out of the aforementioned contract on the same day. (ii) The Plaintiff paid KRW 30,000,000 of the insurance money to the non-party company on May 31, 2012, and until August 7, 2012, KRW 429,040 of the damages for delay of the insurance payment amount and KRW 230,640 of the attempted penalty for breach of contract.

3) On July 13, 2012, the Plaintiff’s claim for the construction payment against the non-party company in Chuncheon District Court Decision 2012Kadan1187 (hereinafter “instant claim for the construction payment”).

(2) Upon receipt of the provisional attachment order against the Plaintiff, on August 13, 2012, the Chuncheon District Court 2012Kadan9372 filed a lawsuit against Nonparty Company and E, and on March 6, 2013, the judgment that “the Plaintiff jointly and severally with the foreign company E, and KRW 30,659,680,000, and KRW 30,000,000, with interest of 5% per annum from August 8, 2012 to January 5, 2013, and 20% per annum from the next day to the day of full payment” (hereinafter “instant judgment”).

(2) On March 27, 2013, and April 30, 2013, the above judgment became final and conclusive with respect to the non-party company. (2) Meanwhile, on May 25, 2012, the non-party company issued one promissory note as indicated in Paragraph (1) (hereinafter “instant promissory note”) to the Defendant, and on May 30, 2012, the F and the Defendant, a notary public representing the non-party company, prepared an authentic deed of the instant promissory note (hereinafter “instant promissory note”).

2. thereafter.

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