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(영문) 대구지방법원 2016.10.27 2014가합7531
사해행위취소
Text

1. The debt repayment contract concluded on September 9, 2013 between Defendant B and F is within the scope of KRW 150,00,000.

Reasons

1. Basic facts

A. The Plaintiff’s credit against F Co., Ltd. (1) on September 10, 2007: (a) on September 10, 2007, the Plaintiff loaned KRW 100,000,000 to F Co., Ltd. (hereinafter “Nonindicted Company”) with the maturity of KRW 30% on June 30, 2009 and interest rate of KRW 30%.

(2) The non-party company did not repay the above loan, and the Plaintiff filed an application with the non-party company for a payment order seeking the loan payment under the Daegu District Court racing support 2012j33.

On January 13, 2012, the above court ordered the Plaintiff to pay 100,252,460 won and 100,000,000 won among them with 30% interest per annum from September 11, 2007 to the day of full payment.

The above payment order was served on the non-party company on February 3, 2012, and was finalized on February 18, 2012.

B. On May 30, 2013, the non-party company entered into a sales contract between the non-party company and the new Gyeong-si Construction Co., Ltd. to sell its business site and business right to the new Gyeong-si Construction Co., Ltd. (hereinafter “new Gyeong-si Construction”), while promoting the new Newly-built apartment in the G Ga-dong Building at Sejong-si. On May 30, 2013, the non-party company entered into a sales contract between the new Gyeong-si Construction and the non-party company to sell the land in the purchase price of KRW 34.5 billion, and thereafter entered into this contract on December 23,

C. On September 9, 2013, the non-party company entered into a debt repayment agreement between the non-party company and the Defendants and the non-party company entered into a notarial deed stating that the notary public consenteds to compulsory execution under the law firm No. 183 through No. 186 regarding the obligations indicated below (hereinafter “each debt repayment agreement of this case”) with respect to the obligations indicated in the table below against the Defendants.

Wages 1 B (No. 360,800,000 retirement pay No. 185, 2013) 30,800,666,667 won of retirement pay No. 185, 2013 ( October 183, 2006 through August 8, 2013) 522,50,000 won 183 retirement pay No. 183,541,667 won of retirement pay No. 183, 2013 ( October 1, 2006 through August 8, 2013) 52.

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