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(영문) 광주지방법원 2016.04.22 2016나284
사해행위취소 등
Text

1. The defendant's appeal is dismissed.

2. Upon receiving the claim added at the trial, the defendant shall be KRW 65,140,000 to the plaintiff.

Reasons

1. Basic facts

A. As of August 8, 2014, a leather Construction Co., Ltd., including the acquisition of the Plaintiff’s claim (hereinafter referred to as “heatized Construction”) was subcontracted from B Co., Ltd. (hereinafter referred to as “B”) for the construction of C-building with a period of KRW 66 million for the construction cost, from August 10, 2013 to September 17, 2013, and completed the said construction upon being subcontracted for a period of KRW 6,5140,00 among the construction cost as of November 19, 2013. However, around August 8, 2014, the Plaintiff transferred the said claim of KRW 6,514,00,00 for the construction cost as of August 19, 2014, and notified the transfer of the said claim to B on August 20, 2014.

The Plaintiff filed a lawsuit against B seeking the payment of the above transfer amount (hereinafter “the transfer amount in this case”) (hereinafter “the foregoing transfer amount”) (hereinafter “B”), and the decision of compulsory adjustment was finalized at that time by January 15, 2015, stating that “B shall pay the Plaintiff KRW 6,5140,000,000 to the Plaintiff by April 30, 2015, and if the said payment date is not paid by the due date, it shall be paid by adding the damages for delay calculated at the rate of 20% per annum from the date following the due date to the date of full payment” to “B shall be paid by adding the damages for delay calculated at the rate of 20% per annum.”

B. B’s issuance of promissory notes and notarial deeds to the Defendant: (a) on October 23, 2013, the Defendant issued and delivered to the Defendant one promissory note in Gwangju Metropolitan City (hereinafter “instant Promissory Notes”) comprised of the payee, the Defendant, the face value of KRW 200 million, the date of payment, the place of payment, the place of payment, and the place of payment, and each of the Promissory Notes in Gwangju Metropolitan City (hereinafter “instant Promissory Notes”); (b) on the same day, a notary public prepared and issued a notarial deed to the effect that the notary public accepts compulsory execution under the D General Law Office No. 597 with respect to the instant Promissory Notes as of June 3, 2014; and (c) on June 3, 2014, the date of payment, the place of payment, and the place of payment, respectively.

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