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(영문) 서울중앙지방법원 2016.06.16 2015가합547686

사해행위취소

Text

1.(a)

On August 26, 2014, the real estate stated in paragraph 1 of the attached list between Defendant A and C was concluded.

Reasons

1. Basic facts

A. At the time of the instant loan agreement, the Plaintiff was a social company Korea. However, the Plaintiff’s trade name was changed as of March 28, 2014 as of March 28, 2014. On August 8, 2013, the Plaintiff determined that “interest rate of 6.9% per annum, interest rate of 24% per annum, interest rate of 24% per annum, interest rate of 6.9% per annum, interest rate of 60% per annum, period of 60 months for lending, payment method of 675,052 won per annum, payment of KRW 602,499 per month, and payment of KRW 602,49 per month thereafter,” and on October 23, 2013, the Plaintiff paid KRW 30.5 million per annum, interest rate of 6.9% per annum, interest rate of 24% per annum, interest period of 48 months, and repayment method of KRW 2364,2366,561.”

B. C jointly and severally guaranteed the obligation that D bears to the Plaintiff under the instant loan agreement.

C. Meanwhile, among each real estate listed in the separate sheet, which is the only property (hereinafter “real estate in this case”) among the real estate listed in the separate sheet (hereinafter “Defendant A”), the ownership transfer registration (hereinafter “ownership transfer registration”) was completed on August 28, 2014 on the ground of payment in kind (hereinafter “payment in kind”) on August 26, 2014 to Defendant A Co., Ltd. (hereinafter “Defendant A”) with respect to the real estate in this case as indicated in the separate sheet as the only property (hereinafter “Defendant A”). As for the real estate in this case, the ownership transfer registration was completed on August 28, 2014 to Defendant B, a director of the Incheon District Court, on the ground of the title transfer registration (hereinafter “ownership transfer registration”) on August 26, 2014. < Amended by Act No. 129642, Aug. 28, 2014>

D and C did not pay monthly payment under the instant loan agreement from August 20, 2014, and thereafter lost the benefit of the term of the instant loan.

As of April 16, 2015, the amount of the loan of this case by the Plaintiff as of April 16, 2015 is KRW 49,483,119 [the principal amounted to KRW 25,64,208 as of August 8, 2013 [the interest of KRW 1,218,496 as of August 8, 2013] (the principal amounted to KRW 19,571,813 as of October 23, 2013).