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(영문) 인천지방법원 2016.08.24 2015가단46248
사해행위취소 등
Text

1. Defendant A’s 119,500,000 won and the interest rate of 15% per annum from August 21, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1 against Defendant A is a legal entity that acts as a broker for, and sales of, luminous surface processing ledger materials and sales business. Defendant A agreed that, under his/her own name, C (the opening of the business on January 2, 2014) and D (the opening of the business before the aforementioned temporary opening date) was supplied by the Plaintiff with goods, such as radiumumumumum, etc. from the Plaintiff. (2) The Plaintiff was supplied by Defendant A and D on January 21, 2014, and “Defendant A shall pay 123,607,000 won to the Plaintiff as of December 31, 2013, but the amount that Defendant A pays to the Plaintiff shall be appropriated for the payment of the said debt.”

E’s debt remains in KRW 18,616,00 as of October 21, 2014, and was fully repaid on December 1, 2014.

3) In relation to C, the Plaintiff’s claim for the purchase price of the goods against Defendant A was KRW 100,859,000 as of October 21, 2014, and KRW 119,50,000 as of July 2, 2015 when the transaction between the Plaintiff and the Defendant was terminated between the Plaintiff and the Defendant. (B) The Defendants, as a whole, purchased the real estate listed in the attached list from F on September 9, 1997 (hereinafter collectively referred to as “instant real estate”) with KRW 1,020,00,000, and completed the registration of ownership transfer of the instant real estate under the joint name (one-half share each time) on September 12, 1997 as of September 12, 197, the Defendants established the maximum debt amount under the name of the Bank as the joint title (one-half share each time) and the joint title (one-half share).

2) On October 21, 2014, Defendant A received an offer to sell and purchase the same day (hereinafter “instant promise to sell and purchase”) from Defendant B under Article 81452 of the receipt of the Nam-dong Registry of the Incheon District Court.

(2) 1/2 shares of the instant real estate (hereinafter referred to as “instant shares”) on the ground that

The registration of ownership transfer claim was completed in relation to this.

C. Defendant A’s financial condition is the market price in addition to the instant shares at the time of the promise to sell and purchase the instant real estate.

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