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(영문) 서울중앙지방법원 2014.12.11 2013가합48918
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Judgment as to the main claim

A. The Plaintiff’s assertion 1) The Plaintiff received loan claims against D in lieu of partially repaying the loan claims against D, and received a final and conclusive judgment by filing a lawsuit against D in lieu of partially repaying the loan claims against D. As of November 6, 2012, the Plaintiff’s claim against D in accordance with the final and conclusive judgment constitutes KRW 120,069,953 (i.e., principal amount of KRW 55,722,090 (=the interest amount of KRW 55,722,090) calculated at the rate of 5% per annum from August 13, 2005 to July 27, 2007 (the interest amount of KRW 5,450,780 (55,722,090) and the obligor’s claim against D in excess of KRW 200,069,985,7585,90). The Defendant’s claim against D in excess of the aforementioned amount of damages for delay from the Defendant’s deposit account.

D From around 2007, F and G leased the instant building to a third party in the name of Defendant C, and entered into a sublease contract with respect to the instant building under the name of the third party, and deposited monthly the rent to the Defendant’s deposit account in the name of the Defendants or received in cash, and donated the amount equivalent to the rent to the Defendants.

In addition, as I had delayed the payment of rent, D created the right to collateral security under the Defendant B’s name with respect to the rent claim amounting to KRW 10,800,000,000, which is the maximum debt amount, with respect to the rent claim amounting to KRW 16,805 square meters in Jinan-gun, Jinan-gun, Jinandong-gun, Jinan-gun

Detailed details of the gift contracts concluded between the Defendants and D are as shown in the attached Table.

3) If so, each contract of donation on each of the money listed in the separate sheet constitutes a fraudulent act detrimental to creditors of D such as the plaintiff, etc., and it is as D in light of the status relationship between D and the defendants.

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