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(영문) 전주지방법원 남원지원 2017.02.02 2016가합1463
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On June 26, 2012, the Plaintiff, upon receipt of an order for payment against Nonparty Company and Incorporated Incorporated Company C, issued a payment order with the purport that “Nonindicted Company and Incorporated Company C, etc. shall jointly and severally pay to the Plaintiff 1,359,396,369 won and the amount calculated at the rate of 20% per annum from the day following the delivery date of the original copy of the instant payment order to the day of complete payment,” and the Nonparty Company did not file an objection within the period after receiving the payment order on July 3, 2012, and became final and conclusive as of July 18, 2012.

(hereinafter “instant payment order”). B.

On September 13, 2007, the defendant and the non-party company made a notarial deed between the defendant and the non-party company (A) on September 13, 2007, which included the recognition of compulsory execution (25% per annum of delay damages), a notarial deed of a monetary loan contract for consumption including the recognition of compulsory execution (hereinafter "notarial deed of September 13, 2007"), and at the time D, E, and F were joint and several sureties at the time when the notary public set up a notarial deed of September 250, 207, which stated that "the defendant had lent KRW 250,000,000 to the non-party company" (hereinafter "notarial deed of September 13, 2007").

B) On December 21, 2010, the Defendant and the non-party company leased KRW 1,450,000,000 to the non-party company as of December 27, 2010 (25% per annum of delay damages) by a notary public on December 21, 2010, under Article 795 of the Certificate of 2010, “Notarial Law Firm,” the Defendant and the non-party company agreed on December 21, 2010 and lent it to the non-party company as of December 27, 2010.”

(C) At the time, the Defendant and C Co., Ltd.: (a) on March 5, 2012, the notary public set out the amount of KRW 700,000,000 on March 5, 2012 and lent the amount of KRW 700,000 to the Nonparty Co., Ltd. on March 12, 2012.

(b) damages for delay.

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