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(영문) 서울서부지방법원 2013.10.31 2012가합31376
사해행위취소
Text

1.J:

A. Par value of Defendant C is KRW 150,000,000, issuer K and J, and date of issue.

Reasons

1. Facts of recognition;

A. (1) On August 28, 2009, Plaintiff A filed a lawsuit against J on the part of Seoul Western District Court 2009Gahap1174 seeking the payment of loans, agreed money, etc., and J filed a counterclaim claiming the loan, etc. with Plaintiff A as the above court 2010Gahap3254.

On May 4, 2011, the above court dismissed the counterclaim claim filed by the J and the claims for loans filed by the Plaintiff during the principal lawsuit of the Plaintiff, and rendered judgment in favor of the Plaintiff on February 5, 2004 that with respect to the claim for the agreed amount filed by the Plaintiff A, the husband of the Plaintiff, and the Plaintiff B, who is the husband of the Plaintiff, by March 5, 2004, the J agreed to pay the agreed amount of KRW 280,006,200 to the Plaintiff B by March 5, 2004. However, on the ground that the agreed amount claim is a divided claim, the court rendered judgment that “The J shall pay the Plaintiff A the agreed amount of KRW 1/2 of the agreed amount and KRW 140,03,100 per annum from March 6, 2004 to January 15, 2010, and damages for delay calculated at the rate of 20% per annum from the next day to the day of full payment.”

The above judgment was served on the J on May 12, 201, and it became final and conclusive around that time as the Plaintiff’s appeal was dismissed on January 19, 2012.

(2) On July 8, 2011, Plaintiff B filed a lawsuit against J as Seoul Western District Court 201Gahap8454, and the said court rendered a favorable judgment on January 6, 2012 that “The J shall pay to Plaintiff B 140,003,100 won, and damages for delay calculated at the rate of 5% per annum from March 6, 2004 to July 19, 201, and 20% per annum from the next day to the day of full payment.” The said judgment was served to the J on January 11, 2012, and became final and conclusive around that time.

(hereinafter referred to as "each of the above judgments against the plaintiffs J is the case of this case". (B)

J’s disposal disposition against Defendant C, D, and E (1) an application for a compulsory auction, demand for distribution, etc. (i) the issuance date to Defendant C on May 12, 201 to Defendant C on October 30, 201, the issuance date to Defendant C on October 30, 201, and the issuer as J and its issuer (the first wife of J).

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