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(영문) 서울고등법원 2015.08.21 2014나2042385
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3.Paragraphs 1 and 2 of the judgment of the first instance.

Reasons

1. Basic facts

A. On September 6, 2010, Nonparty C paid KRW 300 million to the Plaintiff as compensation for damages arising from the disposition of business suspension related to the acquisition of a comprehensive construction company permanently stationed in the Plaintiff (a notary public drafted a deed signed by private persons (No. 3065, No. 2010, No. 3065, a notary public) and Nonparty B, a form of punishment by Nonparty C, operated by Nonparty D (hereinafter “B”).

(2) On September 20, 2012, the Plaintiff received KRW 60 million out of the above KRW 300 million, and thereafter, the Plaintiff and the representative director D of the creditor A and the debtor B (main representative director) received 240,000,000 from B in connection with the certificate of certification (No. 3065) and paid KRW 50,000,000 as the amount of debt repayment, at least 50,000 won under the contract with the head office. However, in the event of nonperformance of the above contents, the Plaintiff was prepared with a letter stating that “The Plaintiff will assume legal responsibilities.”

3) Around January 7, 2013, the Plaintiff received additional KRW 15 million from B. B. B supply of and demand for construction work in B) around December 17, 2012, the Plaintiff awarded a contract for construction work amounting to KRW 1,506,038,00 (up to KRW 2,206,138,000 after death) from Seocho-gu Seoul for the construction work amounting to KRW 1,506,038,00 (up to KRW 2,206,138,000). A contract for construction work was concluded on December 28, 2012 and the construction period was determined from December 28, 2012 to May 26, 2013 (up to September 30, 2013 after death).

2) The instant construction was completed as of September 30, 2013, and the completion inspection was completed as of October 8, 2013. (c) B, on December 20, 2012, issued one promissory note with respect to the Defendant at face value of KRW 2,00,000,000, place of issuance, place of payment, place of payment, Seoul Special Metropolitan City, and place of payment, and one promissory note with a payment at sight (hereinafter “instant promissory note”) with respect to the Defendant, a notary public, on December 28, 2012, drafted a notarial deed to the effect that the notary public accepts compulsory execution under the 2012 No. 1225 of the 2012 No. 1225.

2 The defendant is above December 28, 2012.

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