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(영문) 서울동부지방법원 2020.07.02 2019가단141525
사해행위취소
Text

1. A contract establishing a right to collateral security concluded on November 22, 2018 between the Defendant and D regarding the real estate stated in the attached list.

Reasons

1. Basic facts

A. The Plaintiffs’ claim 1) Plaintiff A lent KRW 20 million to Nonparty D on July 4, 2017, and ② KRW 5 million on December 26, 2017, to Nonparty D borrowed KRW 25 million from D as of December 26, 2017.

It will be repaid as of December 30, 2018.

The borrower received the loan certificate of "D" (hereinafter "Plaintiff 1's loan certificate"), and D paid interest equivalent to 3% of the above loan amount to the above plaintiff until November 2018. The above plaintiff also joined the Serial System operated by D and received 4.2 million won in total from January 13, 2018 to November 10, 2018 (the above plaintiff asserted that the total amount is 5.7 million won, but the above amount is recognized as 1 and 200 million won in total when the above plaintiff borrowed 3.2 million won in total from D 200,000 won in loan, 200,000 won in loan, and 2.5 million won in loan, 200,000 won in total from D 1,50,000 won in loan, and 2.2.5 million won in loan, respectively.

In addition, the Plaintiff extended KRW 10 million to D on September 7, 2018, and then paid KRW 10 million to B as of March 28, 2019 with respect to the total amount of the loan from D until this time. It would be able to pay KRW 35 million in full. It received a certificate of loan stating the borrower D.

(hereinafter referred to as “Plaintiff 2’s loan certificate”) and the said Plaintiff also subscribed to the number fraternity operated by D, and paid a total of seven million won from March 10, 2018 to April 8, 2019 as the deposit amount, but also did not receive the deposit from D.

B. D’s disposal and debt excess 1D’s disposal and debt shall be recorded in the separate sheet between the Defendant, who is one of the parties on November 22, 2018.

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