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(영문) 인천지방법원 2017.10.18 2015가단62653
사해행위취소 및 배당이의
Text

1. The debt repayment agreement concluded on July 1, 2015 and July 7, 2015 between the defendant and B shall be revoked.

2...

Reasons

1. Basic facts

A. On July 29, 2015, the Plaintiff filed a lawsuit against B to seek the payment of the “amount receivable for the purchase of goods from the delivery date from October 2014 to the delivery date on March 31, 2015 (2015Gahap1507). On October 7, 2015, the Plaintiff was ruled in favor of the Plaintiff that “B shall pay to the Plaintiff 6% per annum from April 1, 2015 to July 2, 2015; and 20% per annum from the next day to the day of full payment.”

The above judgment was finalized as it is.

B. After acquiring management rights from H around the end of December 2014 and taking office as director B on January 28, 2015, the Defendant completed the registration of his/her taking office on July 9, 2015 on the ground that H was appointed as representative director on July 2, 2015.

C. On July 1, 2015, the Defendant, between B representative H and H, drafted a payment angle as of July 1, 2015, the payment deadline of KRW 200,000,00 as of July 1, 2015, and an authentic deed of a loan for consumption (quasi-notarial deed) as of July 10, 2015, which was drafted between B representative director H and H, for “the first notarial deed” (hereinafter “the first notarial deed”).

In addition, on July 7, 2015, the Defendant, between H and H, set the due date for repayment of KRW 320,000,000 on July 9, 2015, and the interest rate at 24% per annum between the Defendant and H, and drafted the “second authentic deed” of a notary public’s I office, which was prepared in July 2015, 2015, stating that the ownership of the corporeal movables (the finished products, semi-finished products, inventory, production facilities, gold-types, cash-raising expenses, vehicles, etc.) owned by B as a security for transfer of the said claim shall be transferred by means of an alteration to possession.

On the other hand, the Defendant was indicted on the ground that he forged the minutes of B’s board of directors, resignation letter, etc. on July 2, 2015 under H’s name, and obstructed H’s representative director’s business by registering the change of the representative director to the Defendant based on forged documents, and was punished by imprisonment with labor for one year on March 30, 2016.

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