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(영문) 수원지방법원 평택지원 2018.09.05 2016가합1115
사해행위취소 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On November 28, 2011, the Plaintiff F and E issued and delivered a promissory note amounting to KRW 180,000,000 (hereinafter “instant promissory note”) to the Plaintiff on November 28, 201, and on May 28, 201, the date of issuance, and the date of payment, May 28, 2012, the place of payment, and each place of payment, with a face value of KRW 180,00,000,000 (hereinafter “instant promissory note”). A notary public, stating the terms of the Plaintiff’s consent to compulsory execution with respect to the instant promissory note, drafted and issued a notarized bill No. 1090, 201.

(hereinafter “The Promissory Notes Claim”). (b)

F) On April 13, 2011, the F entered into a lease agreement with the I as to Pyeongtaek-si G and the first floor, and paid the I KRW 70 million of the lease deposit (hereinafter referred to as “F’s claim to return the lease deposit of this case”).

(2) On November 22, 2013, F entered into an agreement with Defendant D on the transfer and takeover of the instant lease deposit.

On December 9, 2013, Defendant D notified F of the transfer of the credit to I by registered mail, and the registered mail reached I on December 10, 2013.

C. The Plaintiff requested the seizure and collection order of KRW 180,025,300 regarding the claim to return the lease deposit of this case, and I received the seizure and collection order of KRW 180,025,30 from the Suwon District Court on May 15, 2014.

(hereinafter “instant claim seizure and collection order”). 【Ground of recognition】 The fact that there exists no dispute, entry in Gap’s evidence Nos. 1 through 6 (including branch numbers, if any) and the purport of whole pleadings.

2. Summary of the parties’ assertion

A. The Plaintiff’s assertion is that the Plaintiff holds the instant promissory note bonds against F and E.

F and E, the debtor, concluded an investment agreement on December 11, 2012 with Defendant B, and the entrusted operation agreement on December 2013, respectively, and E are the defendants.

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