logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.05.19 2015가합2276
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 15, 2010, the Plaintiff’s credit against C lent KRW 300,000,000 to D during the lending period from June 15, 2010 to July 15, 2010 (hereinafter “instant loan obligations”). E, C, F, long construction, and Ndrid Telecom Co., Ltd. were jointly and severally and severally guaranteed.

On August 9, 2013, the Plaintiff filed a lawsuit against the Ulsan District Court 2013Kahap5769, Ulsan District Court (E, C, and F). On June 19, 2014, the Ulsan District Court declared that “E, C, and F jointly and severally paid to the Plaintiff 310,913,583 won and 268,101,386 won with interest of 30% per annum from November 23, 2011 to the date of full payment,” and the judgment became final and conclusive on July 11, 2014.

B. C’s gift and division of property on May 31, 201 (hereinafter “instant real estate”) completed the registration of Ulsan District Court and the registration of ownership transfer on May 23, 201 with respect to each share of one half of the real estate listed in the separate sheet (hereinafter “instant real estate”) on May 31, 201, on the following grounds: (a) the registration of Ulsan District Court and the registration of ownership transfer on each share of one half of the remainder was completed on each of the donations made on May 23, 201; and (b) the registration of Ulsan District Court and the registration of total transfer on each share based on the division of property made on April 26, 2012.

C. The Plaintiff drafted a written agreement with D on November 26, 2014. “The Plaintiff shall pay 330,000,000,000,000 won, including the principal and interest, for the instant loan obligations, to be shared by E, C, and F, the guarantor, and each contribution shall be 110,000,000 won, and F, the Plaintiff shall directly pay 110,000,000 won to the Plaintiff; C, and E, by December 3, 2014, the Plaintiff shall pay 220,000,000 won, which is the aggregate of each contribution, to the Plaintiff by December 3, 2014; the Plaintiff and E, immediately waives all the pending lawsuits.

C repayment and the withdrawal of the Plaintiff’s lawsuit transferred KRW 220,00,000 to the Nonghyup account under the Plaintiff’s name on December 3, 2014, and the Plaintiff filed on December 5, 2014 against the Defendant on December 7, 2014.

arrow