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(영문) 서울중앙지방법원 2016.11.29 2016가단5102477
사해행위취소
Text

1. B on September 24, 2012, face value of KRW 200,00,000 for the Defendant, the payee, the place of issuance, the place of payment, and the place of payment for the Defendant.

Reasons

1. Basic facts

A. On August 1, 2009, the Plaintiff entered into a guarantee insurance contract between C and C with the insurance period from June 17, 2009 to June 16, 201 for the guarantee of the payment of the credit price for the credit goods to the E-Mil Stock Company, and C’s partner B guaranteed the obligation owed by C to the Plaintiff on the same day.

B. Upon the occurrence of a guarantee accident due to C’s failure to redeem credit goods, the Plaintiff paid KRW 170,006,061 insurance money to E-Myil Co., Ltd. on September 23, 201, and filed a lawsuit for the claim for reimbursement against C, B, etc. with the Incheon District Court 2012Kadan100813. The case was finalized on April 16, 2013, “The Defendant jointly and severally filed a lawsuit against the Plaintiff for reimbursement of KRW 177,753,469 and its 167,483,241 from March 31, 2012 to March 19, 2013; KRW 20% interest per annum from the next day to the date of full payment” (i.e., the remaining amount of claims against the Plaintiff’s B is KRW 177,53,467,710,710,7567,410,767,757,419).

C. Meanwhile, on September 24, 2012, B issued and delivered to the Defendant a copy of a promissory note with a face value of KRW 200 million, the payee, the place of issuance, the place of payment, each additional Si/Gun/Gu, and the date of payment, respectively, (hereinafter “instant promissory note”). On the same day, B issued and delivered a notarial deed stating the purport to recognize the immediate compulsory execution in the event a notary public delays in the payment of the said note amount under the Multilatera No. 1044, 2012 (hereinafter “instant notarial deed”).

Based on the instant notarial deed, on January 17, 2013, the Defendant filed an application for the attachment and assignment order of claims against Suwon District Court Branch No. 2013TT 830 with respect to the benefit claim against the Busan District Court, and on January 21, 2013, the Defendant received the attachment and assignment order from the said court.

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