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(영문) 서울고등법원 2016.06.23 2015나2051362
사해행위취소 등
Text

Of the judgment of the first instance, the part against the Defendants shall be revoked, and the Plaintiffs corresponding to the revoked part shall be against the Defendants.

Reasons

1. Basic facts

(a) Co-defendant C and D in the first instance trial are married, and under which Defendant E and C are the South-North, the South-North, Defendant G.

B. The Plaintiffs’ claims against C and D (1) Plaintiff A lent a total of KRW 145,00,000 from around 2001 to around 2005 to C and D without due date.

(2) Plaintiff B asserted that it lent KRW 50,00,00 to C and D from around 2004 to January 2007, and filed a lawsuit against them to claim for loans (or KRW 201,000,000). On May 18, 2011, both parties jointly and severally paid KRW 71,00,000 to Plaintiff B on the last day of each month from around September 201 to around March 2012, each month, and KRW 5,00,00,000 on the last day of each month from around April 2012 to around January 2013, each of the above amounts to be paid at the rate of 20% per annum from the day following the day of each month to the day of loss of accrued interest, and compensation for delay was paid at the rate of 20% per annum in addition to the day of full payment.

C. On June 24, 2013, C filed an application for bankruptcy and immunity with the Seoul Central District Court (hereinafter “Seoul Central District Court”). On June 27, 2013, C decided to discontinue the bankruptcy on June 27, 2014, and decided not to grant immunity on July 15, 2014, respectively.

Accordingly, C filed an appeal (the same court 2014Ra1360, 1361), but the above appeal was dismissed on September 18, 2014, and each of the above decisions became final and conclusive as it is.

Around August 2005, the instant conflict point C was operated by Nonparty M with the first floor store of Eunpyeong-gu Seoul Metropolitan Government H H No. 1 (2 square) by leasing the first floor store of Eunpyeong-gu, Seoul (2 square meters) and extended the lease contract on August 20, 2009.

Defendant E transferred KRW 50,00,000 to a passbook in the name of C on August 21, 2008. On December 7, 2009, between M and M, the lessee’s name as to the above store was changed from C to Defendant E and the deposit amount was changed to KRW 40,000,000, monthly rent of KRW 1,300,000, and the period was determined as of August 31, 201.

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