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(영문) 서울중앙지방법원 2014.11.21 2014가단5179350
사해행위취소
Text

1.(a)

The monetary loan agreement between Defendant B and E on February 17, 2012 shall be revoked.

B. Defendant B is the Plaintiff 20.

Reasons

1. Basic facts

A. On August 2007, the Plaintiff: (a) filed a lawsuit (Seoul Northern District Court 201Gahap4760) against E (Seoul Northern District Court 201Gahap4760) on February 22, 2012; and (b) received a judgment that “E shall pay to the Plaintiff KRW 300 million and its interest at the rate of 5% per annum from December 4, 201 to June 20, 201; and (c) 20% per annum from the next day to the date of full payment; (d) filed an appeal (Seoul High Court 2012Na29504 Agreement) against the said judgment, but the said judgment was dismissed on December 20, 2012; and (e) the said judgment became final and conclusive around that time.

B. On August 17, 2012, the Plaintiff received an order to seize and sell the shares of deposited securities transferred from the Seoul Northern District Court (Seoul Northern District Court Decision 2011Kadan1692) to E in relation to the shares of deposited securities to E, based on an executory exemplification of the judgment in the above Seoul Northern District Court Decision 2011Kahap4760, 101, the amount claimed as KRW 377,41,415,101.

C. Meanwhile, for the repayment of the borrowed amount, E prepared and executed a notarial deed (hereinafter “each notarial deed of this case”) as follows in order to return the principal and interest of the investment to Nonparty F.

The Defendants were ordered to seize each of the instant notarial deeds.

① Defendant B received an order of seizure of E’s deposited securities based on the authentic copy of the No. 88 of the Monetary Loan Agreement (No. 2012), which was signed on February 17, 2012 by the Seoul Northern District Court 2012 TaT3495, a notary public, with the amount claimed as KRW 300 million on March 2, 2012.

② Defendant C’s claim amounting to KRW 170 million on July 9, 2012, based on the authentic copy of the No. 1021 on June 27, 2012 No. 1021 on the instrument No. 1021, 2012, which was drafted by a notary public, pursuant to the 201-Tari2743 of the Gwangju District Court Gwangju District Court Decision 2010 million.

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