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(영문) 대구고등법원 2016.12.21 2016나661

사해행위취소 등

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged in accordance with Gap evidence Nos. 1, 2, 3, 4, 13, 34, and 35 (in the absence of special indication, including the number; hereinafter the same shall apply), the results of the fact inquiry to the head of the North Korean Office in Daegu Metropolitan City of the court of first instance, and the purport of the entire pleadings, and there is no counter-proof.

B (Codefendants in the first instance trial) obtained a construction permit (AC) for the new construction of real estate listed in No. 2 of the attached Table No. 2 (multi-family house, and each real estate listed in No. 1 through No. 7 of the attached Table hereinafter referred to as “O real estate”) from the head of the North of Daegu-gu Metropolitan City on October 25, 201, from the head of the Gu, around January 9, 201.

B. B, on March 19, 2012, borrowed KRW 220,000,000 from A (hereinafter “the instant loan”) on May 19, 2012 at the maturity date for payment, setting the rate of interest and delay damages as 30% per annum, and E Co., Ltd (hereinafter “E”). (hereinafter “the representative director”) guaranteed the debt of the instant loan.

B and E completed the registration of creation of a neighboring mortgage of KRW 300,000 of the maximum debt amount (No. 15101 of March 19, 2012, the Daegu District Court received No. 15101 of March 19, 2012) with respect to immovable property B owned No. 1, 3, and 4 in order to secure the payment of the loan amount of this case on the same day, and on the other hand, A prepared and issued a notarized deed of debt repayment contract (No. 528 of the 2012 General Law Office for Law Firm Gyeongn

On March 19, 2012, the obligor under Article 1 of the Notarial Deed of Debt Repayment Contracts approves the fact that he/she bears the following obligations from the obligee, and offers to repay the obligations in accordance with the provisions of this Agreement, and accepts the claim: 220,000,000 won and damages for delay: If the obligor delays the repayment of the obligations, the obligor shall pay damages for delay at the rate of 30% per annum to the obligee at the rate of 30% per annum to the delayed amount.

· The repayment shall be made on May 19, 2012.

Special agreements.