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(영문) 대구지방법원서부지원 2016.01.15 2015가합442
사해행위취소
Text

1. Defendant B’s conjunctive claim against Defendant B and Defendant D among the instant lawsuit

Reasons

1. Basic facts

A. Claims between the plaintiff (appointed party) and the appointed party

(1) On February 7, 2011, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) lent KRW 150 million to E (hereinafter “E”) and filed a loan lawsuit under the Daegu District Court Branch Branch Decision 2013Kadan17487, which did not receive it, and the court decided on May 19, 2014 that “E shall pay to the Plaintiff KRW 64 million and its delay damages.” This became final and conclusive on June 5, 2014.

D. From June 2012, 2012, the Selection G requested E and F, the representative director thereof, to settle the accounts by lending the company’s operating fund and the accounts for the supply of transaction parties, etc., and E and F agreed that the interest rate of KRW 110,233,981 shall be 12% per annum and shall be jointly paid until August 30, 2013.

The Selection G filed a lawsuit against them as the Seogu District Court Branch 2013Gahap2123, and on March 28, 2014, the court rendered a ruling that “E and F shall jointly and severally pay to the Selection G 106,633,981 won and the delay damages therefor,” which became final and conclusive on December 2, 2014, the Daegu High Court Decision 2014Na1769 Decided November 12, 2014, etc.

Secondly, on August 31, 2012, H loaned KRW 90 million to E under the joint and several sureties of F, and on December 26, 2012, H was drafted with a notarial deed whereby he/she would receive KRW 30 million in installments from E and F three times from the end of January 2013 to the end of March 2013.

x. The Appointor D supplied an intermediary in an amount of 23.7 million won to E on September 11, 2012.

(b) Disposition by E and F.

(1) As to the real estate listed in [Attachment List 123 (hereinafter “Real Estate”) to Defendant B Co., Ltd. (hereinafter “B”) and the real estate listed in [Attachment List 123” (hereinafter “Real Estate”) was traded on March 14, 2013 by the Seogu District Court Seo Branch Branch of the Daegu District Court No. 4347, Apr. 11, 2013, and was traded on March 14, 2013.

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