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(영문) 대전지방법원공주지원 2019.08.21 2018가합20381
사해행위취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The gist of the Plaintiff’s claim is that the Plaintiff has a claim for reimbursement equivalent to KRW 1,751,179,949 against the non-party corporation B (hereinafter “non-party corporation”). The non-party company prepared and executed a notarial deed of debt repayment contract (quasi-loan for consumption) with a notary public’s office No. 480, 2017, in order to avoid compulsory execution by the general creditors, including the Plaintiff, to the Defendant. Based on the above notarial deed, the Defendant received the attachment and assignment order of the claim against the claims to be paid by the non-party company based on the above notarial deed. The above notarial deed constitutes a fraudulent act, and thus the above notarial deed constitutes a fraudulent act. The Defendant is obligated to pay the amount equivalent to 105,492,000 and damages for delay received from Cheongyang-gun-gun in accordance with the above assignment order. The non-party company is obligated to transfer the claims entered in the notarial deed to its original state, and notify the transfer

2. Determination as to the legitimacy of the instant lawsuit

A. According to the Debtor Rehabilitation and Bankruptcy Act, after a decision on commencement of rehabilitation procedures has been made, the custodian exercises the right to set aside (Articles 100(1) and 105(1)), the court may order the custodian to exercise the right to set aside upon request of any rehabilitation creditor, any rehabilitation secured creditor, any shareholder or any equity right holder or ex officio (Article 105(2)), and when a lawsuit seeking revocation filed by any rehabilitation creditor is pending at the time the decision on commencement of rehabilitation procedures is rendered, the lawsuit procedures shall be interrupted until the custodian takes over the lawsuit (Articles 113 and 59(2)). In light of the purport of such provision and the nature of rehabilitation procedures, which are collective comprehensive debt settlement procedures, the purpose of the right to set aside, etc., the custodian shall exercise the right to set aside for equality against all creditors after the decision on commencement of rehabilitation procedures has been rendered, and any rehabilitation creditor, any custodian, who

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