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(영문) 부산지방법원 2019.04.30 2017가단21042
사해행위취소 등
Text

1. On January 2, 2013, between the Defendant and the Intervenor joining the Defendant, regarding the real estate indicated in the separate sheet.

Reasons

1. Facts of recognition;

A. (i) The Plaintiff became aware of D as the introduction of the Defendant joining the Defendant, and transferred KRW 400 million to the account in the name of E Co., Ltd. (hereinafter “Nonindicted Company”) in which D was an internal director around September 26, 2011.

D. The Plaintiff transferred KRW 400 million to the Non-Party Company account, and the Plaintiff prepared a loan certificate stating that “The amount of KRW 400 million is KRW 12,00,000 per day, and all principal and interest shall be paid within 4 months after the completion of the F works in Busan-do, Busan-do, and, in the event that the amount of debt due to the Notarial Deed prepared as follows is not repaid, the amount of debt shall be transferred to the creditor as much as the amount borrowed to the creditor.”

On September 26, 201, the Plaintiff was prepared and delivered with a money loan agreement notarial deeds (Law No. 02570, 201, No. 102570, hereinafter “notarial deeds of this case”) stating that “The debtor and the joint guarantor fail to perform their monetary obligations, as they were jointly and severally and severally guaranteed by the Defendant, with the amount of KRW 400,000,000 and set at 30% per annum of interest,” under the joint and several surety of the Defendant joining the Defendant.

Then, on May 2, 2012, the Plaintiff was issued and delivered a letter of debt repayment from D, stating that “D paid monthly interest of KRW 400 million to the Plaintiff, KRW 200,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0

B. On January 2, 2013, the Defendant’s Intervenor donated the real estate indicated in the separate sheet (hereinafter “instant real estate”) to the Defendant, who is his own child, and completed the registration of ownership transfer on the same day.

[Based on recognition] The evidence Nos. 1, 12-1, 2, and 13-6 shall be written and all pleadings.

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