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(영문) 부산지방법원동부지원 2020.08.18 2019가단200951

사해행위취소

Text

1. The contract to establish a right to collateral security concluded on May 24, 2017 between the Defendant and C regarding the real estate stated in the attached list.

Reasons

Facts of recognition

The Plaintiff heard the statement from C that there is a company investing in the liquor gift certificates, and sought an explanation from C to the head of D (hereinafter referred to as “D”)’s office via the introduction of C, and then remitted the amount of KRW 40 million to D’s account on November 30, 2016, and C drafted a certificate of borrowing.

On December 7, 2016, the Plaintiff additionally remitted the investment amount of KRW 40 million to D account, and C prepared a certificate of borrowing money to the Plaintiff.

The Plaintiff filed a lawsuit against C with this Court as 2017da21179 seeking payment of the amount of money based on each of the above lending instruments, and this Court rendered a judgment that “C shall pay to the Plaintiff 80 million won and 40 million won out of them as annual interest rate of 15% per annum from May 31, 2017 to October 10, 2017, calculated at 15% per annum from the next day to the date of full payment, and the remaining 40,000,000 won, calculated at the rate of 15% per annum from December 8, 2017 to the date of full payment.”

Although C appealed against the above judgment, the above judgment was dismissed, and it became final and conclusive at that time.

On May 24, 2017, regarding the real estate listed in the separate sheet (hereinafter “instant real estate”) as C owners, the registration of establishment of a mortgage was completed for the following reasons: the maximum debt amount of KRW 110,00,000 for the Defendant’s future establishment of a mortgage contract (hereinafter “mortgage contract”).

At the time of the instant mortgage contract, the real estate market price was equivalent to KRW 280,00,000,000, and KRW 100,350,000,000,000 forest forest 11,570,000,000,000, and KRW 1,487,565,00,000,000 for the Plaintiff as a small property. The Plaintiff’s principal amount was KRW 80,000 for the Plaintiff and KRW 95,000 for the Defendant.