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(영문) 창원지방법원진주지원 2016.07.13 2015가합11192

사해행위취소

Text

1. The Defendant and Nonparty A make a pre-sale agreement concluded on August 25, 2015 with respect to each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiffs’ claim 1) Plaintiff Jinju Agricultural Cooperative Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”)

(A) On January 8, 2008, A lent KRW 420,000,00 to A with interest rate of KRW 7.3% per annum (changing interest rate) and on January 8, 2010, respectively. To secure this, Jinju-si B large 680.5 square meters (hereinafter “instant land”).

(2) On January 8, 2008, the lower court: (a) concluded the registration of establishment of a neighboring agricultural cooperative, i.e., the maximum debt amount of KRW 546,00,00,000; and (b) concluded the registration of establishment of a neighboring agricultural cooperative, the obligor A, the mortgagee A, and the mortgagee of the right to collateral security; (c) on or after October 15, 201, the lower court determined that the principal and interest of the said loan was not repaid; (d) the Plaintiff Seog Agricultural Co., Ltd. of the Republic of Korea paid KRW 30,00,000 annually to A on September 22, 2009; and (e) on September 22, 2011. However, after March 25, 2012, A did not pay the principal and interest of the said loan.

3) On October 12, 2009, Plaintiff Seog Agricultural Co., Ltd. lent KRW 20,000,000 to A with interest rate of KRW 9.2% per annum and due date of payment October 12, 2011. However, after March 25, 2012, A did not pay the principal and interest of the loan to Plaintiff Seog Agricultural Co., Ltd...; 4) on March 25, 2012, A did not pay the credit card price even after having been used with several credit cards issued by Plaintiff Seoi Agricultural Co., Ltd.; and as of May 10, 2012, the total arrears on the credit card number C with the credit card number of KRW 3,164,507, and the total arrears on the credit card number D is KRW 6,678,121,678,121.

5) Plaintiff Jinbuk-gu Agricultural Cooperatives (hereinafter “Plaintiff North Korea Agricultural Cooperatives”)

On February 15, 2008, E lent KRW 470,00,00 to E, his/her husband and wife, as interest rate of KRW 7.2% per annum (16.2% per annum) and on February 15, 2010, E has due date of repayment. Since May 3, 2010, E died on January 17, 201, and A succeeded to KRW 1/2 of the above debt owed to the Plaintiff’s North Korea Agricultural Cooperative, as E’s father and wife. B. A succeeds to each real estate listed in the separate sheet (hereinafter “the separate sheet”).