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(영문) 대전지방법원서산지원 2019.02.14 2018가합51067
사해행위취소
Text

1. A promise to return substitutes concluded on December 5, 2017 with respect to each real estate listed in attached Tables 1 and 2 between the Defendant and B.

Reasons

1. Facts of recognition;

A. From January 6, 2011 to November 19, 2017, the Plaintiff loaned each amount indicated in C Co., Ltd. (hereinafter “C”)’s loan column under Table 1 as follows, and B, as the representative director of C, guaranteed each amount indicated in the guarantee limit column under Table 1 below.

(3) Small and Medium Enterprise Loan 1: 1,00,000 won 80,000,000 won 1,000,000 won 1,05,000 won 1,000,000 won 1,000,000 won 1,00,000 won 1,00,000 won 1,00,000 won 1,00,00,000 won 1,00,000 won 1,00,000 won 1,00,00,000 won 1,00,000 won 1,00,000 won 6,0,000 won 1,00,000 won 6,00 won 1,00,000 won 1,000,00 won 1,000 won 2,05,00 won 3,06,06,00 won 3,06,0

B. Meanwhile, from around 2006 to around November 2017, the Defendant: (a) supplied the non-elevator’s external account books to C; and (b) reached KRW 2,631,716,627 in total; (c) on November 10, 2017, the Defendant filed an application for payment order against C with the Incheon District Court Decision 2017Hu3165, Jun. 10, 201 to seek payment of the total amount of the above goods and delayed payment thereof; and (d) on November 14, 2017, the said court issued the payment order ordering C to pay the said goods; and (e) the said payment order became final and conclusive as is December 2, 2017.

C. B shall have C’s obligation to pay for the above goods.

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