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(영문) 창원지방법원진주지원 2016.11.25 2016가단32014

사해행위취소

Text

1. As between the Defendant and B,

A. On April 23, 2015, with respect to 3/16 shares of the real estate indicated in the No. 1 of the attached real estate.

Reasons

1. Facts of recognition;

A. Loan agreement 1) On August 21, 2013, the Plaintiff is a Co., Ltd. (hereinafter “Nonindicted Company”) (hereinafter “Nonindicted Company”).

(1) The principal was repaid in installments every three months after one year’s maturity in accordance with the schedule of repayment of principal and interest, and interest shall be paid on the monthly repayment date, and if the payment of interest is delayed, compensation for delay shall be added to the amount to be paid (hereinafter “instant loan”).

(2) The Defendant’s fault and the representative director of the non-party company B, who was the non-party company’s representative director, jointly and severally guaranteed the obligation owed by the non-party company to the Plaintiff within the limit of KRW 120,00,000.

3) As of December 18, 2015, Nonparty Company lost the benefit of the time limit, and as of April 4, 2016, Nonparty Company’s claims against Nonparty Company and B relating to the instant loan were KRW 87,50,00,00 for the principal amount, KRW 1,220,270 for substitute payment, KRW 1,60,270 for substitute payment, interest KRW 1,609,935, interest interest KRW 4,770,670 for overdue interest, and KRW 95,10,872 for overdue interest. B. Each real estate indicated in the attached real estate (hereinafter collectively referred to as “instant real estate”).

1) As to the real estate listed in the title No. 1 in the separate sheet No. 1, B, and D 3/16 shares, E, F, G, H, and Defendant 2/16 shares, the registration for the change of ownership in the name of the Defendant was completed on September 2, 1982 due to the agreement division No. 20089, which was received on February 7, 1981, under the title No. 20089, which was received on September 2, 1982, on April 23, 2015, under the title No. 22264, which was received on April 23, 2015, as of April 23, 2015.

2) The real estate indicated in the Nos. 2 and 5 of the attached real estate (hereinafter “instant building”).

Note B, C, and D, E, F, G, H, and Defendant 2/16 shares, respectively, are the District Court Jinju Branch Branch of the Changwon District Court No. 3908 of January 26, 2000.