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(영문) 전주지방법원 2013.08.30 2013가합392
사해행위취소
Text

1. Revocation of a quasi-loan for consumption concluded between the defendant and a limited liability company B on February 16, 2010

2. The defendant.

Reasons

1. Basic facts

A. From May 1, 2009 to November 15, 2009, the Plaintiff entered into a subcontract with a limited liability company C (hereinafter “C”) on each of the following terms: (a) the Plaintiff’s construction of reinforced concrete among four coastal restoration projects, including the installation of facilities in Jeollabuk-do; (b) the installation of new buildings in the Jeollabuk-do Branch; (c) the construction of the building in the F Association Branch; and (d) the construction of the G Youth Training Center (astronomic. 1) construction of reinforced concrete among the extension works in the Jeonju District Court H Registry Branch; and (e) the construction of reinforced concrete to be subcontracted.

B. On November 2, 2009, a statement of performance (A evidence 5; hereinafter “instant performance statement”) was prepared on November 2, 2009 between the Plaintiff and C, stating that C shall pay to the Plaintiff the total sum of KRW 303,700,000 of the construction balance of each of the above construction works, until November 20, 209, and the signature and seal of each nominal holder is affixed to each of the above respective titles, other than C (hereinafter “B”).

C. From October 21, 201, a notary public made a loan out of KRW 303,700,000 to B on November 2, 2009, with the maturity of payment as of October 21, 201, between the Plaintiff and B, with the content that the Plaintiff would be aware that there was no objection even if compulsory execution was conducted, the said loan agreement was made out on October 21, 201 with the content that the Plaintiff would immediately recognize that there was no objection.

On February 16, 2010 between the defendant and B, a notary public of February 16, 2010, as Act No. 254, No. 2010, B, as of February 16, 2010, approved that the debt amount to be paid to the defendant as of February 16, 2010 is KRW 120,000,000,000,000,000,000 shall be paid until June 3, 2009. The defendant accepted this, and if B fails to perform the debt amount under the above contract, it is below the authentic deed that recognizes that there is no objection even if it is immediately subject to compulsory execution.

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