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(영문) 수원지방법원 2016.03.31 2015가합4743
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 5, 1999, B drafted a loan certificate to the Defendant stating that “520 million won was borrowed from the Defendant E’s wife, and shall be repaid until December 31, 2001” (hereinafter “the loan certificate of this case”).

B. On February 22, 2003, the Defendant received an order to pay the payment order for the repayment of the loan against B based on the loan certificate of this case from the Seoul District Court Branch of the Seoul District Court (hereinafter “B”) to the Defendant at the rate of 520 million won per annum from December 6, 1999 to the delivery date of the payment order of this case, and 25% per annum from the next day to the delivery date of the payment order of this case.” This was finalized on March 27, 2003.

C. The Defendant, with the title of execution of the above payment order, filed an application for provisional seizure of F's deposit claims against FFF corporation (hereinafter referred to as "F"), with the claim amount of KRW 1,289,320,829, and the execution of provisional seizure was completed around that time. On February 5, 2010, the above court issued a seizure and collection order under the above content as 2010T835, and around that time, the above order was served with F. D. The Defendant filed an application for provisional seizure of F's deposit claims with the Sungwon District Court Branch Branch Branch 2010Kadan50306 on February 26, 2010 in order to preserve the claim for collection based on the above seizure and collection order, and the Defendant and F made an application for provisional seizure of the claim amount of KRW 1,289,320,829 (hereinafter referred to as "F"), and the Defendant and F made an agreement with the Defendant on July 27, 2010 as follows.

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