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(영문) 서울동부지방법원 2018.03.14 2016가합105921

사해행위 취소등의 소

Text

1. Defendant A’s KRW 304,539,559 as well as the Plaintiff’s KRW 14.92% per annum from July 8, 2015 to October 7, 2016, and the following:

Reasons

1. Basic facts

A. The agreement on loans to C and loans for the lending date of the loans extended by Defendant A for a period of not less than three months and less than three months and less than 19% per annum 3.83% per annum per 19% per annum per 3.83% per annum per 19% per annum on April 21, 2011, for general funds for corporate driving 20,000,000 per annum 3.33% per annum per annum 19% per annum on August 16, 2011 for partial repayment of three corporate facilities 19% per annum 1,300,000,000,000 per annum 17% per annum 3.34% per annum per annum 19% per annum on August 16, 2011 for general funds for corporate driving 44% per annum 19% per annum 20,000 per annum, and 19% per annum per annum 30% per annum per annum per 30,40.

From April 9, 2010 to December 2, 2011, the Defendant A, the representative director of C, jointly and severally guaranteed each of the above loans as follows. (2) On the other hand, C, as security for each of the above loans, established a collateral security right in the future of the Bank of Korea with respect to the building 203 square meters in Songpa-gu Seoul (hereinafter “E”) and the FF factory site 9,990 square meters in size, its ground factory site, etc. (hereinafter “the so-called “the so-called “the so-called factory”).

B. From November 11, 2013, the Plaintiff’s acquisition of the Plaintiff’s bonds and partial collection 1) C did not repay the loan from November 11, 2013. Accordingly, on January 2014, our banks filed an application for voluntary auction with respect to E (Seoul Eastern District Court G) and Seojin Factory (Seoul District Court H and I) and commenced the auction procedure, respectively. 2) Since then, our banks transferred the Plaintiff’s loan claim against C to the Plaintiff on March 28, 2014.

3. Meanwhile, in each of the above auction procedures, the Plaintiff received dividends of KRW 53,816,67 on December 19, 2014, and KRW 1,891,291,602 on July 8, 2015, and appropriated in sequential order for expenses, interest, and principal. As a result, the Plaintiff paid KRW 304,539,559 on the principal and interest interest, and damages for delay after July 8, 2015.

C. Defendant A’s disposal act is as of January 29, 2013.