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(영문) 서울중앙지방법원 2013.09.05 2012가합536371

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. Status 1 of the parties to the case is that the Plaintiff is Asung (hereinafter referred to as “Asung”) Co., Ltd.

2) Escary has a total tax claim of KRW 33,083,382,790 against A. 2) Escaryis is a B apartment constructed in the Yongsan-gu A (hereinafter “the apartment of this case”) in order for Escary and the promotion enterprise corporation (hereinafter “the construction enterprise of this case”).

B. A. A.I.D. made a loan to the instant apartment sales business on December 21, 2006 to receive the business fund within the limit of 95 billion won from J.I.D., LIBD Co., Ltd., LIBD Co., Ltd., Ltd., and the instant construction contractor agreed to take over the above principal and interest of loan at the time of loss of due interest. In order to secure the above principal and interest of loan, the instant construction contractor agreed to manage and dispose of real estate after the completion of the instant apartment after securing the above principal and interest of loan, and agreed to make financial institutions as the first-class pledge. (2) As the maturity of the above loan agreement becomes due to the maturity of the above loan agreement, A.I.D. entered into a new agreement to receive the loan within the limit of 50 billion won from the next loan agreement, and the new construction bank and new construction bank (hereinafter “the instant loan agreement and new construction bank”) to obtain the loan within the limit of 00 billion won from the new construction bank.

3 According to the loan and business agreement of this case, ABD is to obtain a loan from a new bank.