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(영문) 서울동부지방법원 2014.05.28 2013가합102686
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts following the premise facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the pleadings in each of the statements in Gap evidence Nos. 1-1, 2-1, 3-4, 5-1 through 4, 8, 9, and 2.

On November 17, 2009, C Co., Ltd. (hereinafter referred to as “C”) issued a promissory note of KRW 755,000,000 at par value to the Plaintiff, and drafted a statement of performance to the effect that “C will refund 50% of the above face value by June 30, 2010, but if the Plaintiff fails to fulfill its promise, it will promise the notarial deed of the said promissory note.”

Since then, C, on March 13, 2012, issued to the Plaintiff a promissory note with a face value of KRW 755,000,000 at face value, KRW 755,000 at sight, place of payment, and place of payment, Seoul, the payee, the Plaintiff, the place of issue, Seoul, and the date of issue of the Promissory Notes as of December 20, 201. On the same day, C, a notary public E-office certificate with an executory power over the said Promissory Notes as of December 356, 2012.

C From September 201 to July 2012, C was engaged in the transaction of supplying goods with the Defendant, F and joint issuers, issued one copy of the Promissory Notes in the attached Form (hereinafter “instant Promissory Notes”) to the Defendant on June 19, 2012. On the same day, a notary public prepared and issued a notarial deed with respect to the instant Promissory Notes under the No. 459 with respect to the No. 2012.

On the other hand, Hars Co., Ltd. (hereinafter “Lars”) issued a promissory note of KRW 1,200,000 at par value to C on January 10, 2012 with respect to the transaction of supplying goods with C. On February 10, 2012, Hars Co., Ltd. (hereinafter “Lars”) drafted and issued a notarial deed with executory power over the said bill under the Korea Certified Law Firm No. 59 on February 10, 2012, and C, on February 22, 2012, on the basis of the said notarial deed, as Suwon District Court Support 2012TTT 1451 (hereinafter “Mo home shopping Co., Ltd.”).

D. D. D.

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