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(영문) 서울중앙지방법원 2016.12.07 2015가단5138318

사해행위취소

Text

1. As to real estate listed in Attachment 1:

A. Defendant National Agricultural Cooperative Federation and Nonparty A on March 2013.

Reasons

1. Facts of recognition;

A. (1) On March 21, 2011, the Plaintiff is a multilateral-company of the non-party agricultural company (hereinafter “the non-party company”) (hereinafter “the non-party company”).

B) As to the loan transaction agreement between the Plaintiff and the Plaintiff, the Plaintiff entered into a loan transaction agreement between the Plaintiff and the Multi-corporate Co., Ltd. on the loan transaction agreement between the amount of the development technology commercialization fund, the amount of the loan amount of KRW 50 million (the expiration date: three-year equal installments repayment with a two-year grace period; hereinafter the same shall apply) and Nonparty A entered into a joint and several guarantee agreement for the loan. (2) On March 28, 2012, the Plaintiff entered into a loan transaction agreement between the Plaintiff and the Multi-corporate Co., Ltd. on the loan amount of KRW 50 million (hereinafter the instant two loan), and Nonparty A entered into a joint and several guarantee agreement with respect to the said loan.

3) As of May 18, 2015, Non-Party D Co., Ltd. and A, as of May 18, 2015, bear a total of KRW 81,980,973 against the Plaintiff. (b) Non-Party D Co., Ltd. and A’s property disposal of Non-Party D Co., Ltd. (1) concluded a mortgage contract in the future with the Defendant, which is the managing agency of the Korea Agricultural and Fishery Credit Guarantee Fund, on October 30, 2013 regarding real estate listed in the separate sheet. At that time, Non-Party D Co., Ltd. and A had no specific property other than the above KRW 151,00,000 in total amount of KRW 1,40,000,000,000 due to subrogation, etc. of the Defendant on March 30, 2011.

2. On October 30, 2013, Non-party Danal Co., Ltd. and Non-party 2 entered into a mortgage contract with the Defendant on October 30, 2013 regarding the 20,3 real estate listed in the separate sheet. At the time of the disposal of the debt amounting to KRW 870 million, including the total amount of KRW 290,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won for the non-party 1,000,000,000,000,000 won for the non-party 1 Bank.