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Reasons
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(영문) 광주고등법원 2019.01.04 2017나14504
사해행위취소
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 2, 2012, the Plaintiff filed a lawsuit against the Plaintiff Company C seeking payment of loans and the cost of installing advertising materials. The appellate court (Seoul High Court Decision 2013Na2060) rendered September 2, 2013, “C shall pay to the Plaintiff the amount calculated at the rate of 20% per annum from the day following the day when the decision on recommending settlement became final to the effect that “C shall pay to the Plaintiff the amount of KRW 287,851,800 and the amount of said KRW 20% per annum from September 2, 2013 to the day of full payment. The Plaintiff waived the rest of the claim, and the said decision on recommending settlement became final and conclusive October 1, 2013.

B. C Co., Ltd. and the Defendant’s issuance of promissory notes, etc. 1) On December 10, 2012, C Co., Ltd. shall lend KRW 335,804,040 to C Co., Ltd. on September 14, 2012 as of December 31, 2012, “The Defendant shall set forth and lend KRW 335,804,040 to C on September 14, 2012. However, if C fails to perform its obligation under this, it shall be acknowledged that there is no objection even if it is immediately subject to compulsory execution (hereinafter “notarial deeds of monetary loan”). The money loan agreement on the said notarial deed shall be deemed as “money loan agreement of this case.”

(2) On March 8, 2013, C prepared and delivered a promissory note 379,50 won at a face value, the issue date, March 8, 2013, and the issue date, March 15, 2013, and the issue date, March 15, 2013 (hereinafter “instant promissory note”) and at the same time, C issued a promissory note notarial deed stating that “When delayed the payment of the instant promissory note, C shall recognize that there is no objection even if it is immediately subject to compulsory execution” (hereinafter “notarial deed of this case”).

C. 1 Co., Ltd., such as the relationship of rights to real estate stated in the attached Form C, shall be attached.

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