logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2021.01.28 2020가단88950
사해행위취소 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. On December 18, 2018, the Plaintiff paid KRW 7 million to Nonparty D as the account of Nonparty C’s children on December 18, 2018, and promised to pay KRW 10 million, including a separate business process cost of KRW 2 million and interest.

However, as D did not make any change, on December 18, 2018, a promissory note with a face value of 12 million won was issued to the Plaintiff on April 2, 2019 in the name of the issuer C on the date of payment of B, in the name of the issuer C on April 2, 2019.

On February 28, 2019, the Plaintiff and D drafted a fair deed of promissory notes as No. 167 of 2019 with the deed of notary public F office.

After that, the Plaintiff filed a claim against D for payment of the principal of KRW 12 million and delayed damages of KRW 170,900,000 with Hongsung Branch of Daejeon District Court, which was 2019 and 660, and the payment order was served on August 6, 2019, and became final and conclusive on August 21, 2019.

D From April 13, 2018, among the real estate listed in the separate sheet between two years from April 13, 2018, D operated the trade name of “H” (hereinafter “the instant place of business”) “H” by leasing from Nonparty G of the lessor. The first three months agreed with G not to pay rent.

D decided to terminate the above lease agreement with G in around 2019, and the Defendant (Appointed Party) entered into a lease agreement with G on July 26, 2019 with respect to the instant place of business in the name of the sperm, with a deposit of KRW 5 million as the down payment of KRW 3 million in KRW G and deposit of KRW 3 million, on the date of the contract, and on September 30, 2019, the remaining amount of KRW 2.5 million shall be paid on September 30, 201, and the monthly rent was paid on September 30, 2019.

D Until September 29, 2019, up to the instant place of business, by the date of payment to G of the rent and management expenses for the instant place of business, and G deposited the unpaid rent, management expenses, and the remainder after deducting the rent and management expenses incurred from the rental deposit to be refunded to D, as above, for reasons such as the seizure of other creditors against D.

The Defendants are currently using the house that had been used in H’s “H” as they are.

arrow