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(영문) 서울고등법원 2018.01.12 2016나2039260
사해행위취소
Text

1. The defendant North Korean Agricultural Cooperative among the judgment of the first instance, including the claim that was reduced by this court.

Reasons

1. Basic facts

A. On May 8, 2009, the Plaintiff loaned KRW 200,000,000 to G, H, and I, who were jointly and severally liable on May 8, 2009, with the agreed rate of 3% per month and the repayment period of June 8, 2009. (2) The Plaintiff filed a lawsuit against G, H, and I seeking the loan payment of KRW 200,00,00.

On October 23, 2012, the above court rendered a judgment that "G, H, and I shall jointly and severally pay to the Plaintiff 360,00,000,000 won loan principal of 200,000,000 won loan principal of 360,000,000 won to the Plaintiff, calculated at the rate of 30% per annum from May 8, 2009 to January 8, 2012 (32 months) that the Plaintiff sought from the above lawsuit, and at the rate of 160,000,000 won interest or delay damages, and at the rate of 30% per annum from January 9, 2012 to the date of full payment, with respect to KRW 20,00,000 per annum from January 31, 20 to the date of full payment."

G appealed and appealed against the above judgment, but all of the appeals were dismissed, and the above judgment became final and conclusive on December 4, 2013.

B. On November 23, 2010, G entered into a gift agreement with Defendant F on each of the real estate listed in the separate sheet No. 4, one’s own wife on November 23, 2010 (hereinafter “instant gift agreement”), and Defendant F completed the registration of transfer of ownership on each of the said real estate as the receipt of the said gift agreement as the receipt of No. 92405, Nov. 26, 2010, with Defendant F’s High District Court of the Republic of Korea on each of the said real estate.

C. On February 28, 2014, G and Defendant E enter into a accord and satisfaction contract (hereinafter “instant accord and satisfaction contract”) with regard to each real estate listed in paragraphs 1 and 2 of the attached Table 3, out of the attached Table 3 list owned by Defendant E on February 28, 2014, and the registration of ownership transfer for each of the said real estate was completed on March 3, 2014 with respect to Defendant E on the grounds of the said payment contract.

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