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(영문) 서울중앙지방법원 2019.12.06 2018가단5241277
사해행위취소
Text

1. It was concluded on October 31, 2017 between Co., Ltd and the Defendant regarding each real estate listed in the separate sheet.

Reasons

Facts of recognition

The plaintiff is the representative of D Co., Ltd. (hereinafter referred to as D).

On May 16, 2016, the Plaintiff entered into an agreement (hereinafter “instant agreement”) with the agent E of C Co., Ltd. (hereinafter “C”), under which the Plaintiff received a total of KRW 4,820,000,000 from the FF Association, G Association, and H Association (hereinafter “each I Association”), and provided the loan to C, and C shall pay a total of KRW 160,000,000 on two occasions in return for receiving credit as such (hereinafter “instant agreement”), and written the instant agreement (Evidence 2) with the following content.

1. [Safety Guarantee Money paid inC] (1) 4.820,000,000 (20,000,000) as of the date on which the security amount for loans of 4.820,000,000 won is put on the scheduled date (the scheduled date) shall be the payment key to A;

The amount of KRW 100 million shall be paid to A in the top priority within July 18 after completing the arrangement of the corporation shares and documents of two-lane C.

2. [Promises to interest rates] (1) In principle, C shall pay C for the following four months on the payment date of interest each month (scheduled 19 days).

(2) The debtor shall be changed to C by September 19, 2016, and A shall be deducted from the debtor.

A shall cooperate with the debtor in performing duties following the change of the debtor.

(3) When the debtor is delayed for at least four months from the date of payment of interest, the ownership shall be transferred to A to the representative director D.

3.(Surety)In the event of a failure to comply with paragraphs (1) and (2) in C, the surety J and K shall have a common sense of responsibility for all matters to be solved by the problem on behalf of A.

4.(Legal Dispute) In the event of a failure to comply with the commitments Nos. 1 and 2, it shall be the competent court of D.

In the agreement of this case, “D representative:” was stated in front of the Plaintiff’s name, and the Plaintiff’s personal seal was affixed after the Plaintiff’s name.

The Plaintiff, in accordance with the instant agreement, was a policeman on May 2016, respectively.

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