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(영문) 서울서부지방법원 2017.09.07 2016가합35956
배당이의
Text

1. The part of the claim for the revocation of the issuance of promissory notes dated May 7, 2012, among the primary claims of the instant lawsuit, shall be dismissed.

2...

Reasons

1. The facts under the recognition of facts may be found either in dispute between the parties or in each entry in Gap evidence of heading 1 to 6, 9, and Eul evidence of heading 1 to 15 (including branch numbers, if any).

The status of Nonparty E, F, and D Co., Ltd. (hereinafter “E”), Nonparty F Co., Ltd. (hereinafter “F”), and Nonparty D Co., Ltd. (hereinafter “D”) were all established by G. The E, F’s representative director, was D’s representative director until August 10, 2012. They established D separately from the existing E and F on October 15, 2010 for the purpose of participating in the case of J real estate auction (hereinafter “K-dong Land Auction case”).

B. L’s money lending, Defendant’s guarantee, etc. 1) L borrowed KRW 600,00,000 from L on October 25, 2010 to use as D’s bid bond in the auction of the land at K-dong, and the Defendant guaranteed the above loan debt on the same day, and on October 26, 2010, guaranteed the above loan debt, and on the same day, guaranteed that on October 26, 2010, the land owned by the Defendant (hereinafter “Defendant’s land”).

As to the maximum debt amount of KRW 1,000,000 (hereinafter “the instant right to collateral security”)

2) On November 1, 2010, L deposited KRW 600,000,00 in the bank account under the name of the Defendant (Agricultural Bank N). On the same day, the Defendant collected all of the above money and deposited it into a bank account under the name of F. The Defendant, who was F and D’s representative director, withdrawn the said money and used it as D’s bid bond in the auction case of K-dong land.

C. D, such as the auction procedure of the auction case of the K-dong land, is about No. 1 to 4 (the list of land in the above 13 parcels was divided, and the number was assigned to 1 to 4) on the date of sale of the auction case of the K-dong land.

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