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(영문) 서울고등법원 2015.11.11 2015나2048533
사해행위취소
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff shall bear the total costs of the lawsuit after filing the appeal.

purport, purport, and.

Reasons

1. Basic facts

A. On October 20, 201, the Korea Development Bank entered into a loan agreement with B, and thereafter loaned KRW 2.3 billion as of October 20, 201, and KRW 3.7 billion as of May 26, 201. B delayed repayment of the principal and interest of the loan from November 14, 2011. (2) On June 26, 2012, the Korea Development Bank transferred the said loan and interest claim against B to the Plaintiff on June 26, 2012, and notified the fact of transferring the said loan to B on June 28, 2012.

3) A claim for the principal and interest of a loan to the Korea Development Bank that the Plaintiff acquired against B is KRW 4,290,596,584 (the principal amount shall be KRW 3,874,197,157) as of August 20, 2012. B) B, as stated in the purport of the claim, was issued to the Defendant A at a face value of KRW 370,000,000 at the face value as of September 26, 201, as stated in the purport of the claim, (i) the payee A, the place of issuance, the place of payment, the place of payment, and the place of payment, and (ii) one promissorysory note payable at a sight of the due date as of September 26, 201; and (iii) a notary public who expressed his/her intent to recognize compulsory execution with respect to the above promissory note as of KRW 340,00,000, the place of payment and payment of KRW 10,0100,000, respectively.

2) On the other hand, Samsung F&M Ltd. (hereinafter “ Samsung F&M”)

A claim for the price of goods equivalent to KRW 1,367,245,000 (hereinafter “instant claim for the price of goods”).

was held by the Board.

Accordingly, Defendant A is the Suwon District Court Decision 2011TT26556, Oct. 6, 201; Defendant A is the Suwon District Court 201TT2656, Oct. 7, 201, each of the obligor B and the third obligor Samsung F&M, respectively, and the face value of the Promissory Notes out of the instant product price claim.

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