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(영문) 부산지방법원 2015.06.11 2013가합19833
사해행위취소
Text

1. Defendant B shall within the scope of the property inherited from the network E:

A. The plaintiff A is 200,000,000 won and this shall apply to the plaintiff A.

Reasons

1. Claim against the defendant B

A. The facts of recognition (1) E is the business owner of G business, and the Plaintiff A lent KRW 200,000,000 to E with the said business fund on November 2, 2012 as the due date for repayment on February 25, 2013.

(2) The Plaintiff Jinjin Construction Co., Ltd. (hereinafter “Plaintiff Jinjin Construction”) lent KRW 64,00,000 to H who was delegated with all rights and obligations regarding the said project by E, and on February 20, 2012, E drafted a payment guarantee letter to the Plaintiff Jinjin Construction to repay the said money by May 20, 2012.

(3) On November 7, 2012, prior to the commencement of the construction project, the Plaintiff Hanhwa Construction Co., Ltd. (hereinafter “Plaintiff Hanhwa Construction”) entered into a contract for construction works with E, and E transferred his/her share of co-ownership on the said land to the Defendant C, and on November 9, 2012, the said co-ownership was registered in Defendant C’s name as to the said co-ownership.

Accordingly, the obligation as a contractor of E under the construction contract was impossible to perform, which caused the damage equivalent to the amount of the damage caused by the failure to obtain the profit of KRW 143,021,312.

(4) On November 8, 2012, E died; the first heir, renounced his inheritance; the second heir, the Defendant B filed a report on the inheritance-limited approval with the Ulsan District Court 2013-Madan28, which received the said report from the said court on February 19, 2013.

[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1 through 6, 9 through 11, 13 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

B. According to the above findings of the determination, Defendant B, within the scope of the property inherited from Party E, shall not exceed KRW 200,000,000 from February 26, 2013, which is the day following the due date for repayment for the loan to Plaintiff A, and the amount of KRW 64,00,000 from May 21, 2012, which is the day following the due date for repayment for the loan to Plaintiff Jinjin Construction, respectively.

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