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(영문) 서울남부지방법원 2021.01.26 2018가합114120
사해행위취소
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1 against D is an entrepreneur who manufactures industry, household plastic synthetic resin, etc. with the trade name of “E,” and issued each Promissory Notes (1 to 7) and a check for the current account (8) to F Co., Ltd. as listed below. The Plaintiff was transferred to the last endorser of each of the said Promissory Notes, and the Plaintiff was paid to each of the said Promissory Notes and the check to the financial institution, holding the check, and was refused to pay on the date of refusal of payment.

Serial 1: G 80,00,00 on July 31, 2017, 201 G 1 G 80,000 on the date of payment 1. 8. 8. 20,000 on March 2, 2018; 2H 90,000,00 on March 31, 2017; 3. 8. 0,000,00 on March 7, 2018; 3. 1. 0,00,00 on September 28, 2017; 1. 3.0,008; 2. 1.0,000 on March 7, 2018; 3.0,000 on April 7, 2018; 20,000 on April 7, 2018;

3) On January 9, 2019, the Plaintiff filed a lawsuit against D for the claim against D for the payment of bills. On January 9, 2019, the said court rendered a judgment in favor of the Plaintiff in favor of the Plaintiff (the Incheon District Court Branch Branch Decision 2018Da12010, Nov. 29, 2019) stating that “D shall pay to the Plaintiff 58,733,699 won and 580,000,000 won from September 1, 2018 to November 13, 2018, and 15% per annum from the next day to the date of full payment.” The said judgment became final and conclusive on January 29, 2019.

B. D’s disposal act D entered into a sales contract of KRW 750 million for the instant real estate (hereinafter “instant sales contract”) with the Defendants on February 8, 2018, and on the grounds thereof, the Defendants concluded the sales contract of KRW 750 million for the instant real estate, respectively.

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