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(영문) 서울북부지방법원 2017.11.08 2017나32402
사해행위취소
Text

1. The judgment of the court of first instance is modified as follows.

On the shares listed in the separate sheet between the defendant and D, 2015.

Reasons

1. Basic facts

A. Determination of the amount of litigation cost between Plaintiff A and D is 1) Plaintiff A Co., Ltd. (hereinafter “Plaintiff”)

(2) On February 5, 2013, the Seoul Central District Court (Seoul Central District Court Decision 2012Kahap5409) filed an application for the determination of the amount of litigation costs against D, and on February 5, 2013, the Seoul Central District Court (Seoul Central District Court Decision 2010Kahap3473, supra, decided that D is KRW 534,634, the amount of litigation costs to be repaid to the Plaintiff Company. (2) In addition, the Plaintiff Company filed an application for the determination of the amount of litigation costs against D, with Seoul Central District Court 2012Kada412, and on June 18, 2013, the Seoul Central District Court Decision 2008Da9273, Jul. 9, 2010; Seoul High Court Decision 2010Na73620, Jan. 19, 2012, issued a final determination that D is the Plaintiff Company’s amount of litigation costs to be reimbursed to the Plaintiff Company.

B. On August 19, 2011, Plaintiff Company filed a lawsuit seeking compensation for tort damages against Plaintiff Company and H by 201 Goyang Branching 201Gahap8591 on the following grounds: (a) the progress of the pertinent case related to D), F, G, etc. as the designated party; and (b) the remaining nine persons as the appointed party; and (c) the Plaintiff Company and H filed a lawsuit seeking compensation for tort damages against Plaintiff Company and H.

B) On February 20, 2014, the aforementioned court held that the Defendants (the Defendants Company and H) jointly and severally paid 8,065,590 won to the Plaintiff (Appointed Party, D) for KRW 6,595,875 won to the Selection Party, KRW 7,029,945 won to the Selection Party, KRW 317,550 won to the Selection Party, KRW 1,705,938 won to the Selection Party, KRW 3,900,000 to the Selection Party, and KRW 20% interest per annum from July 9, 2014 to February 20, 2014 to the Selection Party, and KRW 3,90,000 to the Selection Party, KRW 5% per annum from the next day to the date of full payment (hereinafter referred to as “the Plaintiff’s claim for provisional execution”) can be dismissed.

(C) The above 10 persons, including D, once again decided D as the designated party, appealed against the part of the judgment of the first instance in question.

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