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Reasons
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(영문) 청주지방법원 2014.05.21 2012가단25524
사해행위취소
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1. The plaintiff's main claim is dismissed.

2. As to the real estate listed in Appendix 1 list:

A. Between the Defendant and C.

Reasons

1. Facts of recognition;

A. (i) The Plaintiff’s credit against C shall be paid KRW 2,50,000,00 for the face value on April 23, 2007, KRW 250,000,000 for the issuance date, April 23, 2007, and October 30, 2007, and KRW 235,00,00 for the bill discount, issued to the Plaintiff one promissory note, which is the issuer D C, and issued to the Plaintiff, and received KRW 235,00,00 for the bill discount.

Luxembourg issued on October 29, 2007 a copy of the promissory note 4,50,000 won (hereinafter “instant promissory note”) equivalent to the sum of the face value of 3 copies of the said promissory note, and delivered it to the Plaintiff in exchange for the said three copies of the said promissory note.

Abstract, in collusion with G and H, stolen the Promissory Notes from the Plaintiff on October 31, 2007.

Applicant C was charged with larceny, etc. of the aforementioned contents as stated above by the Daejeon District Court’s official order 201No251, and was convicted on January 6, 2012. Although C appealed appealed, C’s appeal on the part of the theft was dismissed ( Daejeon District Court 2012No196), and the final appeal was dismissed on September 27, 2012 (Supreme Court 2012Do6069).

(v) the Plaintiff as the Defendant and filed a claim for damages with the Cheongju District Court 2012Ga7301, and on February 6, 2013, the Plaintiff was awarded a favorable judgment with respect to the Plaintiff to pay 450 million won and damages incurred therefrom to the Plaintiff. The said judgment was finalized on March 1, 2013.

B. (i) As to the real estate listed in the separate sheet (hereinafter “instant real estate”), C entered into a sales contract with the Defendant on March 19, 2008 with regard to the purchase price of KRW 95 million (payment of KRW 15 million under a contract and payment of KRW 80 million until March 24, 2008) and entered into the sales contract (hereinafter “instant sales contract”) with the Cheongju District Court No. 23506, Apr. 3, 2008.

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