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(영문) 의정부지방법원고양지원 2014.12.19 2014가합52599

사해행위취소

Text

1. As to the real property listed in the separate sheet Nos. 1 to 3:

A. The defendant and the non-party B entered into on June 5, 2009.

Reasons

1. Basic facts

A. (1) On January 5, 2004, a mutual savings bank prior to North Korea (hereinafter referred to as "stock company") entered into a credit transaction agreement with C on each of the following terms: (a) on January 5, 2004, each of the credit transaction agreements was concluded with C on a fixed credit-based comprehensive passbook loan, the credit-based maximum amount of KRW 250,000,000,000,000 per annum on January 5, 2008; (b) 13% per annum (by the expiration date of the credit-based period; (c) on June 30, 2006; (d) on each of the credit-based comprehensive bank loans with same C and credit-based loans, the credit-based comprehensive loan loans with KRW 150,500,000,000,000 per annum (by the expiration date of the credit-based interest rate; (d) on each of the credit-based loans with 150,000,000 won per annum.

DorB jointly and severally guaranteed each credit transaction agreement.

(1) On July 12, 2011, the Plaintiff filed a loan lawsuit against B, a joint guarantor, a joint guarantor, who did not repay the loan by the expiry date of the credit term, and sentenced to the judgment that “B shall pay to the Plaintiff 484,578,713 won and 356,628,734 won a rate of 15% per annum from April 8, 2010 to the day of full payment (Seoul Central District Court Decision 2010Da197461),” and C applied for a payment order against B, a joint guarantor, who did not repay the loan by the expiration date of the credit term, by the expiration date of the credit term, with the amount of 356,294,083 won and 242,67,680 won which was paid to the Plaintiff at the rate of 20% per annum 26,208,200 on October 4, 2012.

B. (1) B on June 5, 2009, the Defendant and the Defendant make a promise to sell and purchase real estate listed in the separate sheet Nos. 1 through 3 on its ownership in excess of the debt.