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(영문) 광주지방법원순천지원 2015.05.28 2014가단14461
사해행위취소
Text

1. Each bond transfer contract entered into between the Defendant and C on January 8, 2014 with respect to each claim described in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff’s preserved claim 1) The Plaintiff: (a) the Plaintiff: (b) the winning bid for the fake 70 million won (2.5 million won per month in the former unit, 2.28 Gu unit, hereinafter “11”) organized by C on September 11, 2012; and (c) the winning bid for the fake 40 million won, organized on December 18, 2012 (2 million won in the former unit, 200,000 won in the latter; hereinafter “18 days in the latter”);

2) During the first month, all members of the fraternity receive the full amount of KRW 70 million from each of their accounts without deducting interest. From the next month, the remaining members of the fraternity who participated in the bidding and who are already awarded the highest interest (other than the fraternity) shall receive the successful bid amount (excluding the fraternity), and the remaining members of the fraternity who have not been awarded the successful bid amount of KRW 2.5 million from each of their accounts to be paid for the first time (or KRW 2.5 million from each of their accounts to be paid for the first time). The successful bid amount shall be paid for each of their accounts (or KRW 2.5 million from each of their accounts to be paid for the first time by the successful bidder ± KRW 2.5 million from each of their accounts to be paid for the first time.

b)be paid up to 28 times by way of payment.

18. The 100,000 won per month shall also be operated in the same manner as the 11th day system except that the deposit amount is 20,000 won per month, and that the difference is 20 times per month.

3) From November 2013, the Plaintiff paid a total of KRW 17,077,00 in 15 times, and KRW 15,953,00 in total, and KRW 33,030,00 in total, on 12 occasions, the total of KRW 15,953,00 in total. 4) Each of the successful bid amounts was the middle of around November 2013, which was the date on which the Plaintiff was awarded a successful bid in each of the instant successful bid amounts.

B. C’s disposal dispositive act 1) D and E were awarded each limit amount prior to the middle of the 18th century. As a result, Section C had a total of KRW 36 million (each KRW 18 million = KRW 2 million per month + nine times from December 18, 2013 to August 18, 2014) with respect to each of the claims listed in the separate sheet with respect to D and E (hereinafter “credit for payment of limit amount”).

(2) B) On January 8, 2014, while C bears the obligation equivalent to KRW 192,021,40 against the Defendant, C is the sum of each of the said obligations against the Defendant.

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