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(영문) 수원지방법원 2019.04.25 2018나62263
사해행위취소등
Text

1. Revocation of the judgment of the first instance, and all of the plaintiffs' claims including the claims added in the trial are dismissed.

2...

Reasons

1. The basic facts of the claim (1) are the trade name of Plaintiff A, Plaintiff B is the trade name of “F,” Plaintiff C is the trade name of “G,” and Plaintiff C operates each household wholesale and retail business under the trade name of Plaintiff C, the husband of which, “I,” and Nonparty E operates the household retail business by the trade name of “J” until June 2012.

(2) On March 2009, from around June 201 to June 2010, Plaintiff A supplied beds, etc. to E., and upon not being paid KRW 7 million from E, Plaintiff A applied for payment order as the Suwon District Court Branch Branch 201 tea5796 on November 2, 201.

On November 16, 2011, the said court ordered the Plaintiff to pay “E” 7 million won and 6% per annum from June 17, 2010 to November 17, 2011, and 20% per annum from the next day to the date of full payment.” This was finalized on December 2, 2011.

(3) While Plaintiff B and C had not received the price of goods from Plaintiff B and C, Plaintiff B and the above H filed a complaint with Defendant on the charge of fraud on March 2013. In the criminal conciliation process conducted at the investigation stage, Plaintiff B and the above H agreed to pay Plaintiff B KRW 7.5 million to Plaintiff B and KRW 5 million to H, respectively, and the amount of KRW 3 million to Plaintiff B and KRW 2.8 million to H shall be paid until September 16, 2013, respectively, and the remainder shall be paid at the end of each month from the end of October 2013 to the end of each month.

(4) The father K of E owned each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) for not less than 40 years, and donated each real estate to E on May 30, 2006, and E drafted a sales contract on March 6, 2012, stating that he/she would sell each of the instant real estate (at the time, E does not own real estate other than each of the instant real estate) to the Defendant, his/her form of punishment, in a lump sum of KRW 125 million.

In light of the purport of the entire pleadings, E has agreed to sell each real estate of this case to the defendant, the date stated in the above contract.

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