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(영문) 춘천지방법원원주지원 2017.09.19 2015가단7885

사해행위취소

Text

1. The gift agreement concluded on August 28, 2015 between the Defendant and B with respect to C forest land of 821 square meters in Kuju-si is revoked.

2...

Reasons

Facts of recognition

In the absence of dispute, each statement of Gap evidence Nos. 1 through 4 (including branch numbers; hereinafter the same shall apply) (as a witness D's testimony and the whole purport of pleading, the fact that Eul signed and sealed Eul's evidence No. 2 is recognized with the delegation of Eul's testimony and pleading, and thus, Gap evidence No. 2 can be acknowledged as authentic. Although the defendant asserted that Eul's signature and seal out of Gap evidence No. 2 was forged by E, the evidence submitted by the defendant, including the descriptions of No. 1, 3, and 5, is insufficient to acknowledge it, and there is no other evidence to acknowledge it), the following facts can be acknowledged according to the purport of the whole pleadings.

The Plaintiff loaned the FF Co., Ltd. (hereinafter “F”) KRW 681,50,00 on July 11, 2012 at the maturity date of repayment of KRW 8.2% per annum, interest rate of KRW 8.2% per annum, and interest interest of KRW 24% per annum, respectively. On April 4, 2013, the Plaintiff agreed to pay the Plaintiff the amount equal to the interest of KRW 6.9% per annum, interest rate of KRW 6.9% per annum, and interest interest of KRW 24% per annum, respectively, for 60 months after the grace period of KRW 3 months elapsed between F and F.

B jointly and severally guaranteed the F’s above loan obligation against the Plaintiff.

B. When making a loan as above, the Plaintiff agreed to apply the Plaintiff’s basic terms and conditions of credit transaction to both monetary loan agreements between F and F.

Article 8 of the Plaintiff’s Credit Transaction Basic Terms and Conditions provides that a corporate debtor shall lose the benefit of time if he/she delays payment of the principal and interest on installment payments on at least two consecutive occasions. As F has delayed payment of the principal and interest on installment payments on July 11, 2012, he/she lost the benefit of time around August 2015 and around September 2015 with respect to loans made on April 4, 2013.

C. B: (a) on August 28, 2015, between the Defendant and B, the Defendant is not more than 821 square meters of C Forest land in the Won-si owned by B to the Defendant.