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(영문) 서울중앙지방법원 2013.01.18 2012가합5242

부인결정 이의

Text

1. The plaintiff's claim is dismissed.

2. This Court is limited to December 19, 201 with respect to a claim for avoidance set forth in 2011, 14.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of Gap or Eul evidence (if any, including each number; hereinafter the same shall apply), Eul evidence Nos. 1, 2, 5, 6, and 8, and Eul evidence Nos. 1 and 2, and witness D’s testimony and whole arguments:

On May 19, 2009, the execution company of the other canal wells business (hereinafter referred to as the “Yecheon City canal wells business”) implemented in the E-Japan (hereinafter referred to as the “Yecheon City”) was loaned KRW 19 billion from the Intervenor (hereinafter referred to as the “ Intervenor”) under the joint and several guarantee of the rehabilitation company A Co., Ltd. (FF Co., Ltd. to the present trade name on June 5, 2009; hereinafter referred to as “A”), KRW 19 billion from the Intervenor, Co., Ltd. (hereinafter referred to as the “ Intervenor”), KRW 5 billion from the Pucheon 2 Mutual Savings Bank, Co., Ltd., Ltd. as a security for the loan period of KRW 19 billion from the Plaintiff’s Intervenor, Co., Ltd., Ltd. (hereinafter referred to as the “ Intervenor”), and KRW 2,000,000,000 for the loan period of KRW 19,000,000.

(B) The Intervenor took over a loan of 5 billion won to Pu2 Mutual Savings Banks Co., Ltd.

On May 27, 2010, A determined the due date from the Intervenor as of November 27, 2010, and received new loans of KRW 24 billion (hereinafter “instant loans”) from the Intervenor, and subrogated the said obligations amounting to KRW 24 billion by subrogation. On the same day, on the same day, A created a pledge on the preferential right to benefit with respect to the over-city land owned by A as a security for the said loans.

C. From October 2009 to October 1, 2009, the Simcheon-si project had no record of completing the sampling of 2 bonds in the project site and selling activities. From August 2010 to August 201, the Simcheon-si.