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(영문) 서울동부지방법원 2020.11.04 2019가단156367
사해행위취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On May 25, 2016, the Plaintiff leased KRW 200,000,000 to E Co., Ltd. (hereinafter “Nonindicted Company”). Nonparty Company used KRW 150,000,000 out of the said money to repay its debt to F, and the Plaintiff succeeded F’s representative director’s position to the Plaintiff. As such, the Plaintiff was appointed as the representative director of the Nonparty Company on July 18, 2016.

B. After that, the representative G of D (hereinafter “Nonindicted Corporation”) decided to resign from the office of representative director of the non-party company as the representative director of the non-party company. On April 14, 2017, the non-party company issued a promissory note issued to the Plaintiff on April 14, 2017, with its face value of KRW 200,000,000,000, date of issuance, and the date of payment on December 21, 2017, and written a certified promissory note on the same day.

In addition, on July 29, 2017, the Plaintiff and G, the non-party company and the non-party company were practically operated, upon entering into a performance agreement following the resignation of the representative director, the Plaintiff’s guarantee of KRW 200,000,000 paid to the non-party company was a notarized act of the non-party company, and the non-party company agreed to be immediately liable and repaid when the non-party company failed to perform a notarized

C. Meanwhile, on the other hand, on December 19, 2018, the non-party corporation prepared and delivered a payment note and a collection note (hereinafter “instant transfer contract”) stating that ownership of movable property as indicated in the separate sheet (hereinafter “instant movable property”) with the Defendant shall be transferred to the Defendant by the date of completion of the repayment, with the intention to secure KRW 180,000,000 borrowed from the Defendant, and the Defendant occupied the instant movable property upon delivery.

On December 19, 2018, at the time when the Plaintiff entered into the instant transfer security agreement, the Plaintiff owned the above KRW 200,000,000 against the non-party corporation and its claim for interest. However, the non-party corporation around that time owned the mortgage amount of KRW 1,00,000 at the market price at which the mortgage was established.

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