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(영문) 인천지방법원 2018.07.19 2018가단202148
사해행위취소
Text

1.(a)

On August 2016, Defendant B and D Co., Ltd. with respect to the claims set forth in paragraph (1) of the attached Table.

Reasons

▣ 피고 주식회사 B

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. 적용법조 민사소송법 제208조 제3항 제2호, 제150조 제3항(자백간주에 의한 판결) ▣ 피고 C

1. Basic facts

A. The Plaintiff filed a lawsuit to claim the amount of promissory notes against D Co., Ltd. (hereinafter “D”) under the Seoul Eastern District Court Decision 201Da36660, May 26, 2017 that “D shall pay to the Plaintiff 56 million won and 15% interest per annum from March 8, 2017 to the date of full payment” (hereinafter “D”) and the above judgment became final and conclusive around that time.

B. The Plaintiff filed a lawsuit against the Plaintiff on July 18, 2017 with the Seoul East District Court Decision 201Da36691, which stated that “D shall have a promissory note number F, face value KRW 100 million, issue date May 19, 2016, KRW 40 million, face value G, par value KRW 40 million, issue date of the promissory note number G, and KRW 15% per annum from September 30, 2016, the issue date of the promissory note number as of July 15, 2016, and the due date as of October 15, 2016.” The judgment below became final and conclusive around that time.

Article 28(1) of the former Act provides that “The Plaintiff shall pay to the Plaintiff the amount of money calculated at the rate of 150 million won per annum from August 4, 2017 to the date of full payment, and the amount of money calculated at the rate of 15% per annum from August 4, 2017 to the date of full payment, and the date of issuance shall be August 2, 2016, and the date of payment shall be November 25, 2016.”

(b).

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