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(영문) 서울중앙지방법원 2015.11.25 2014가단267443

대여금등

Text

1. As to the Plaintiff, Defendant A and Defendant B jointly and severally KRW 104,768,921 and KRW 100,000,000 among them.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1 against Defendant B) The Plaintiff is only Defendant A Co., Ltd. (hereinafter “Defendant Company”) on September 9, 2013.

A) A loan of KRW 100,000,000 with a corporate ordinary working capital loan at maturity on September 9, 2014 (hereinafter “instant loan”) was extended to the Company (hereinafter “instant loan”).

(2) As of November 21, 2014, Defendant B guaranteed the repayment of the obligation under the Defendant Company’s above loan amounting to KRW 104,768,921, including the principal amount, KRW 100,000,000, KRW 1000,000, KRW 1090,091, the agreed interest rate, and KRW 3,678,730, KRW 16.29% per annum. The overdue interest rate of the instant loan is 16.29% per annum.

B. Defendant B’s disposal of the instant real estate by Defendant B and Defendant C are married couple, and on July 1, 2013, the real estate indicated in the separate sheet from the Asian Trust Co., Ltd. (hereinafter “instant real estate”).

(2) On August 25, 2014, Defendant B entered into a contract to donate 1/2 shares of the instant real estate to Defendant C, which is one-half shares of the instant real estate, on August 25, 2014, and completed the registration of transfer of ownership on August 25, 2014 as the receipt of the Republic of Korea District Court’s receipt of 90847 on August 25, 2014.

(3) At the time when Defendant B donated the instant real estate share to Defendant C, Defendant B’s property status (hereinafter “instant gift”) was in excess of his/her obligation as follows. Pro rata property share (the debtor as Defendant B is set up as a right to collateral security of KRW 291,60,000 in the future of the National Bank with the maximum debt amount of KRW 291,60,000,000 in the name of the National Bank) was in excess of his/her obligation.