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(영문) 대구지방법원포항지원 2015.10.13 2014가단5188
사해행위취소
Text

1. Cancellation of each gift contract set out in Appendix 1, which is concluded between F and Defendant B, and F and Defendant C.

Reasons

1. Basic facts

A. On July 14, 2008, G agreed to pay to the Plaintiff KRW 40 million to the Plaintiff on October 14, 2008 and interest 2% on the due date for repayment, and KRW 100 million to the Plaintiff on July 14, 2009 and interest 2% on July 14, 2009, respectively, with respect to H Co., Ltd., the representative director of which he is the representative director. The F, the husband of G, guaranteed the above obligation to the Plaintiff.

B. On October 23, 2008, the Plaintiff filed an order of payment with H, G, and F for the payment of KRW 40 million with the Daegu District Court Branch Branch 2008Guj3465, and the agreed interest thereon, and the payment order was finalized on November 13, 2008. On December 21, 2009, the Plaintiff filed an order of payment with F for the payment of KRW 100 million with the same court 2009Guj4203 and the agreed interest thereon, and the payment order became final and conclusive on January 12, 2010.

C. The Plaintiff currently holds a claim for payment of the amount of KRW 34,676,649 and KRW 22,051,171 calculated by the rate of 2% per month from April 20, 2010 to the date of full payment, and KRW 168,262,88 and KRW 100,000 among them, to KRW 168,262,88 and KRW 2% per month from June 22, 2010 to the date of full payment. The amount is currently over obligations.

F transferred money to each account in the name of the Defendants, as shown in attached Forms 1 through 4, with respect to each account in the name of the Defendants, as shown in attached Table 1 through 4, in the event of insolvent.

(However, the fact that the transfer of KRW 1,470,00 on December 2, 2012 is not recognized among the items in the attached Table 1 Gift List 2. [No grounds for recognition] is established.] The fact that there is no dispute, each entry in Gap's 1 through 4, and evidence Nos. 8 through 11 (including each serial number), and the purport of the whole pleadings.

2. Determination as to claims against Defendant B and C

A. The summary of the parties’ assertion 1 F is as follows: (a) the sum of KRW 24,90,000 on nine occasions, as shown in the attached Table 1, to Defendant B, who is an son, for the purpose of evading obligations under insolvent; and (b) the sum of KRW 32,639,000,000, to Defendant C, a son, as listed in the attached Table 1, to be attached Table 2.

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