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(영문) 대전지방법원 2020.01.28 2019가단133438
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 23, 2011, the Plaintiff’s claim C was loaned 34.9% interest at 15 million won by E Co., Ltd. and 39% interest interest at 39% interest.

On June 23, 2015, the Plaintiff acquired the principal and interest of loan from E Co., Ltd., and filed an application with Daejeon District Court 2017 tea24183 for a payment order for the payment of the principal and interest of loan. On November 27, 2017, the said court ordered the Plaintiff to pay “C shall pay to the Plaintiff 18,175,350 won and 12,619,94 won, calculated at the rate of 39% per annum from June 24, 2015 to the date of full payment,” and the said payment order was finalized around that time.

On January 24, 2019, as of January 24, 2019, the amount of the principal and interest of the loan to the plaintiff in C reaches KRW 40,067,936.

B. On October 22, 2012, C’s issuance of Promissory Notes and No. notarial Deed Co., Ltd issued to the Defendant a promissory Notes amounting to KRW 130 million at face value and KRW 130 million at sight on the date of payment, and at the same time a notary public, which includes a declaration of compulsory execution against the said Promissory Notes, issued a notarial deed of Promissory Notes No. 697, 2012.

C On July 21, 2016, a notary public, which issued to the Defendant a promissory note with a face value of KRW 90 million and at the same time issued a promissory note with a sight of the due date (hereinafter “instant promissory note”) and at the same time issued a notarial deed of promissory note No. 443 (hereinafter “instant notarial deed”) with respect to the said promissory note, including the content of accepting compulsory execution.

C. On November 10, 2016, based on the original copy of the instant notarial deed, the Defendant applied for an order of seizure and assignment of claim amounting to KRW 90 million for the claim amounting to KRW 20,000,000,000 for the amount claimed under the Gangwon District Court Branch Branch Office 2016TT 3225 with respect to the wage claim against C, and received the said decision from the above court on November 14, 2016, and served the said decision to F, a garnishee.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1, 3.

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