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(영문) 수원지방법원 2015.04.03 2014나21967
사해행위취소
Text

1. In accordance with the amendment of the purport of the claim in the trial, the judgment of the first instance shall be modified as follows:

1 C and Defendant A.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) The Plaintiff’s claim for reimbursement against C is between C and C on March 12, 2001, and C as Hyundai Securities Co., Ltd. (hereinafter “Modern Securities Co., Ltd”).

(2) On February 5, 2004, the Plaintiff filed a claim for reimbursement against C (Seoul Central District Court 2004Gadan58015), and was awarded a favorable judgment on May 14, 2004, that “C shall pay the Plaintiff KRW 30,024,657 and delay damages therefor,” and the above judgment becomes final and conclusive around that time. The amount of the claim against C by the Plaintiff pursuant to the above judgment is KRW 74,359,815 as of December 18, 2014.

B. C and Defendant A entered into a loan agreement with C under the pretext of futures option investment, and Defendant A and the same amount as KRW 60 million, including transfer of KRW 20 million on June 1, 2012, KRW 20 million on June 21, 2012, and KRW 20 million on July 13, 2012, and KRW 60 million on KRW 30,000,000 from C to KRW 60,000 for borrowed money, and KRW 20,000 for borrowed money from January 13, 2012 to KRW 10,000,000 for borrowed money (60,000 for borrowed money, KRW 20,000,000 for borrowed money, and KRW 20,000,000,000 for borrowed money and KRW 25,000 on January 21, 2013, and thereafter Defendant A and C have received the same amount of loan agreement with the law firm as KRW 20135,5,5,013013.

3. On the other hand, Defendant A based on the original copy of the above notarial deed, and on February 25, 2013, Defendant C’s claim as stated in Section 2 of the attached Table.

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