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(영문) 서울중앙지방법원 2017.11.21 2016가합520220
사해행위취소
Text

1.(a)

On December 23, 2015, C Co., Ltd. issued promissory notes with face value of KRW 380,000,000 to the Defendant.

Reasons

1. Facts of recognition;

A. The status C Co., Ltd. (hereinafter “C”) is a company for which the said book was translated into Korean with the right of a scientific book, such as scientific book E and F, issued by Japan Co., Ltd. (hereinafter “C”), and the Plaintiff and the Defendant are creditors of C Promissory Notes.

B. On July 1, 2014, C issued a promissory note with a face value of KRW 290,000,000 at the face value to the Plaintiff and prepared and executed a notarial deed (No. 759, 2014) that recognizes that a notary public will immediately enforce a compulsory execution against the Plaintiff. (2) The Plaintiff and C made March 19, 2015, “The amount of the Plaintiff’s claim against C is KRW 230,000,000 and interest KRW 6,70,000,000,000,000,000 won until March 31, 2015; (30,000,000 won with the principal and interest at the end of each month from March 31, 2015; (3) the interest shall be paid at the rate of KRW 500,000,000,000 in addition to C’s interest at the end of each month.”

(Law Firm, No. 0116, 2015). C repaid the Plaintiff KRW 30 million from around that time to December 31, 2015.

C. 1) On November 12, 2015, G, the Defendant’s representative of the Defendant, established the Defendant for the purpose of acquiring the right to purchase E and F’s license from C. The Defendant transferred KRW 340 million to C by account transfer from November 18, 2015 to December 23, 2015, and received a refund of KRW 10 million from C on December 1, 2015. 2) The Defendant lent KRW 330 million to C on December 23, 2015, on the ground that a notary public lent KRW 10 million to C on December 23, 2015, to obtain the said right to purchase the loan from Dong Joint Law Office (No. 820 million).

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