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(영문) 광주지방법원 순천지원 2018.10.25 2016가단5454
사해행위취소
Text

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

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

Reasons

1. Basic facts

A. On December 19, 2014, the Plaintiff filed a lawsuit for construction cost claim with the Gwangju District Court 2014Gahap965 against the F Co., Ltd. (hereinafter “D”) and rendered a judgment in favor of the Plaintiff to pay KRW 82,859,300 and delay damages, and the said judgment became final and conclusive thereafter.

B. On February 24, 2015, the Plaintiff, based on the foregoing final judgment, received a claim amounting to KRW 50,225,300,00 from D as the instant court’s order for seizure and collection of the claim for the refund of the invested amount against G unions.

C. On December 2, 2014, Defendant B issued a promissory note with D’s face value of KRW 100,000,000, and the due date of payment on March 6, 2015, and was drafted with a notarial deed on the said promissory note on March 2, 2015.

Defendant C issued a promissory note with D as of July 30, 2014 at par value of KRW 260,000,000, and due date of September 27, 2014, and received a certified bill of exchange with respect to the said Promissory Notes on September 24, 2014.

(B) each Promissory Notes issued against the Defendant are “each Promissory Notes of this case”. (e)

On March 23, 2015, the Defendants: (a) based on each of the above bills of exchange, Defendant B was issued with this Court No. 2015TT2310; and (b) Defendant C was issued with the Court No. 2015T2311 with respect to each of the claims to return deposits to D G associations.

F. According to each of the above claims seizure and collection orders, the distribution procedure was commenced as to KRW 52,43,710 deposited by the G Union. On April 21, 2016, the distribution procedure was commenced as to KRW 6,413,449, KRW 12,789, KRW 190 to the Plaintiff on the date of distribution, and KRW 33,220,166 to the Defendant C, respectively.

(g) The Plaintiff’s manager appeared on the aforementioned distribution date, and raised an objection against the entire amount of dividends to the Defendants, and filed a lawsuit of demurrer against distribution on April 27, 2016.

[Grounds for Recognition] A. 1 to 4, 6, 2016 A. 2016da544

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