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(영문) 창원지방법원통영지원 2013.08.22 2011가합593

사해행위취소 등

Text

1. It was concluded on October 13, 2010 with respect to each business right listed in the separate sheet Nos. 2 and 3 between the Defendant and B.

Reasons

1. Basic facts

A. On May 25, 2009, 1) B and B’s representative director C borrowed 1,00,000,000 won from the Plaintiff as interest rate of 2%, and they completed a certificate of borrowing that “B will transfer the instant business rights to the Plaintiff, and C, who is the representative director of B, shall jointly and severally guarantee the Plaintiff’s obligations,” and certified by the notary public as 2051 of the Ministry of Changwon District Court Tong-gu District Court, 2010 tea 1395, 200,000,000 won as interest rate of 1,00,000,000 won as of May 25, 2009 (hereinafter “instant loan”).

(B) On November 24, 2010, the above court issued an order to pay the Plaintiff the amount of KRW 1,00,000,000 and the amount of KRW 20% per annum from May 25, 2009 to the date of full payment. The above order to pay was finalized on December 14, 2010 with respect to B. (B) The Defendant was a relationship with B where B has been engaged for a long time in the same industry as B, and was engaged in monetary transactions such as the payment of loans, investments, etc. in B around 208.

2) As between January 18, 2010, the Defendant: (a) concluded an agreement between B and B on January 18, 2010 that the ownership was not acquired upon the completion of the Defendant’s acquisition of D ownership at the time of the conclusion of the sales contract; (b) concluded an agreement between B and B to jointly use all facilities necessary for the operation of vessels, such as business rights, contact facilities, and ticket boxes; (c) subsequently, the Defendant lent KRW 768,014,607 to B on April 29, 2010; and (b) the Defendant was unable to repay the said money even after the expiration of the payment period.

In order to collect the above loans, the Defendant, from October 13, 2010, received the instant vessel and the instant vessel owned B from B and the instant vessel: (a) to acquire the instant business rights comprehensively; and (b) to acquire the instant contracts with E, the major creditors of B and B, with the following terms and conditions.