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(영문) 서울중앙지방법원 2021.02.10 2019가합574457
사해행위취소 등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. S is a company that invests in multiple companies, investment products, etc. with financial resources created by entering into an investment contract and consumption lending contract with multiple persons. The plaintiffs and the defendants are creditors who invest in S or lend money.

B. The Plaintiffs: (a) from April 2016 to April 2017, 2017, the Plaintiffs invested or replaced S with KRW 480,000; (b) Plaintiff A with KRW 327,00,000; and (c) Plaintiff C with KRW 30,000,000, respectively.

On August 25, 2017, the Plaintiffs filed a lawsuit claiming the return of a loan against S and received a favorable judgment on February 21, 2018, and on April 12, 2018, the said judgment became final and conclusive as it is (Seoul Central District Court 2017No. 558192).

The Defendants had a total amount of KRW 830,000,000 investment claim against S.

On the other hand, S lent KRW 800,000,00 to T around September 2016, and the U and V, and W, the representative director of T, jointly and severally guaranteed the above loan obligation. On June 23, 2017, S transferred the above loan obligation to the Defendants, and on June 26, 2017, notified the transfer of the above obligation to T and reached T on June 27, 2017.

(d)

S has no sales in 2016, and the quarterly sales in 2017 are 29,61,000 won, the total amount of assets in 2016 is 5,506,845,081 won, the total amount of assets in 2016 is 7,473,895,365 won, the total amount of capital exceeds -1,967,050,284 won, and the net amount of assets in 2016 was 369,457,838 won.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including each number if there are several numbers) and the purport of the whole pleadings

2. The plaintiffs asserted that S has a loan claim against S, and that S in excess of the debt obligation transferred to the Defendants with the claims listed in the separate sheet (hereinafter "transfer of the claim in this case") constitutes an intentional act and thus should be revoked. The Defendants, as restitution, shall transfer the transferred claim to S and notify T of the transfer of the claim. The Defendants primarily have the right to completion of the transferred claim.

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