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(영문) 의정부지방법원 2016.07.22 2015가단17982
사해행위취소
Text

1. B on November 16, 2012, the par value of which is KRW 150,000,000 for the Defendant, the payee, the Defendant, the place of issue and the place of payment.

Reasons

1. Facts of recognition;

A. (1) On August 2, 2012, Aju Capital Co., Ltd. loaned KRW 57,193,637 to B on the condition of equal repayment of principal and interest for 36 months. B delayed repayment of the above loan from November 2, 2012. (2) Aju Capital Co., Ltd. filed an application against B for a payment order against B as Seoul Northern District Court 2013 tea1037, and on February 4, 2013, “B” was served on B with Aju Capital Co., Ltd. the original copy of the payment order that was calculated at the rate of KRW 29.95 per annum from November 3, 2012 to the day of complete payment, and the aforementioned order became conclusive on February 19, 2013.

3) On November 27, 2013, the Plaintiff acquired the above credit against B from Aju Capital Co., Ltd. and notified the transfer of credit to B on January 20, 2014. Meanwhile, on July 8, 2014, the Plaintiff received the execution clause succeeding to B’s original of the above payment order. (B) Each of the instant promissory notes issued to B against the Defendant was 150,000,000 face value as of November 16, 2012, each of the instant promissory notes issued to B was 150,000,00 face value as of August 5, 2010; (3) the issue date of each of the instant promissory notes was 10,000,000 face value as of March 5, 201; (4) the delivery date of each of the instant promissory notes was 10,000,000 won and 20,000 won, respectively, 10,5000,00 won and 100.

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