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(영문) 부산지방법원 2021.01.22 2019나62277
손해배상(기)
Text

1. The part against the defendant in the judgment of the court of first instance regarding the claim for revocation of fraudulent act shall be revoked.

2. The defendant B.

Reasons

1. Basic facts

A. On May 22, 2015, the Plaintiff lent KRW 100,000,000 to B, and on May 15, 2018, the Plaintiff filed a lawsuit against B, and rendered a judgment that “B shall pay to the Plaintiff KRW 94,261,145 and delayed damages (25% per annum from February 1, 2016 to the date of full payment)” and the above judgment became final and conclusive.

B. B In collusion with D, even if there was no intention or ability to pay a high-rate dividend through foreign exchange futures trading even if it received an investment amount, B, by deceiving the victims and 16 other than J, that “I would pay 5% dividend of the investment amount every month and guarantee the total amount of principal if the principal is requested after 20 months,” and by deceiving them to “I will pay the investment amount to be made every month, and if the principal is requested to be made after 20 months, I will guarantee the total amount of principal.” The judgment of the court of first instance became final and conclusive on November 28, 2019 in Busan District Court Decision 3641,6018 (Joint), 2018 High Court Decision 2018 High Court Decision 3641,6018 High Court Decision (Joint) and 1794 (Joint) Decision 2018 High Court Decision 2018 High Court Decision 201Hun-Ma294 (Joint).

(c)

On April 18, 2018, Part B completed on July 21, 2015, the registration of the establishment of the right to collateral security (hereinafter “registration of the creation of the right to collateral security”) in the amount of KRW 260,000,000, whose grounds for the establishment of the right to collateral security (hereinafter “registration of the right to collateral security”).

(d)

At the time of the registration of the creation of the instant right to collateral security, the registration of the creation of the right to collateral security was completed on November 1, 2017 by K Co., Ltd. (hereinafter “K”) with the debtor B, the maximum amount of the claim 385,000,000 won.

E. L, M, and N are against B on November 6, 2017 on the ground that L, M, and N were defraudeded as investment money from February 2016 to December 201.

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