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(영문) 부산지방법원 동부지원 2018.01.19 2016가합249
사해행위취소
Text

1. It was concluded on December 17, 2015 with respect to the real estate stated in the separate sheet between the Defendant and D.

Reasons

1. Facts of recognition;

A. D Co., Ltd. (hereinafter “D”) is a legal entity established on December 2, 2013 for wholesale and retail business, such as cosmetics, chemical equipment costsn, and cleaning, and F and G are common representative directors of D, and the Defendant is a company director of D.

B. On October 13, 2015, Plaintiff A entered into an agreement to transfer KRW 200,000,000, out of KRW 550,000,00 with Plaintiff D’s loan to H. On the other hand, Plaintiff A paid KRW 350,00,000 with D on October 14, 205 (i.e., KRW 550,000,000 - KRW 20,000,000 transferred from Plaintiff’s loan to H 20,60,000,000,000 per annum from the following day to 0.6,00,000,000,000 per annum, and Plaintiff A paid KRW 60,60,000,000 per annum of 20,600,000,000 per annum of 20,600,606,600,606.

On the other hand, between Plaintiff B and D on January 7, 2016, Plaintiff B confirmed that D borrowed KRW 700,000 from Plaintiff B, and signed a notarial deed with interest rate of KRW 25% per annum on January 14, 2016 (No. 53 of 2016 by a notary public).

C. On October 7, 2015, the Defendant entered into a claim against D and the instant mortgage contract (hereinafter “instant real estate”) with D, F, and G on October 7, 2015.

) With respect to the business of constructing a building on the ground, a notarial deed in which the defendant invests 500,000,000 won to D (a notary public prepared No. 751 of 2015, 2015, hereinafter referred to as the “notarial deed”), D 1,000,000 won = 50,000 investment money = 500,000,000 won upon completion of the new construction work.

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