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(영문) 서울중앙지방법원 2020.05.07 2018가합573723

사해행위취소

Text

1. As to KRW 573,265,374 and KRW 537,416,896 among the Plaintiff, Defendant A shall be from September 5, 2018 to December 5, 2018.

Reasons

1. Basic facts

A. On August 23, 2013, the Plaintiff entered into a loan transaction agreement with Defendant A to enter into a loan transaction agreement and implement the loan as stipulated in the loan transaction agreement (hereinafter “the first loan”). The loan interest rate of KRW 500,00,000 for the subject of loan, KRW 9.04% for fixed interest rate of KRW 9.04% for the subject of loan, KRW 11% for delay, August 26, 2013 for the date of loan implementation, and August 26, 2014 for the expiry date of the loan (hereinafter “the first loan”).

2) The Plaintiff changed the terms and conditions of the instant first loan agreement with Defendant A several times. As a result, the interest rate of the instant first loan was 9.50% as a fixed interest rate, and the expiration date of the credit was changed on February 28, 2018, respectively. 2) Defendant A repaid the Plaintiff the principal amount of KRW 5 million on April 12, 2017 and November 23, 2017, respectively. The Plaintiff set off the amount of the instant first loan claim against Defendant A with KRW 2,083,104 against the Plaintiff on April 17, 2018, the remainder of the instant first loan claim against the Plaintiff by September 4, 2018 is the total of KRW 487,916,896, KRW 32,1420, KRW 3065, KRW 2615, KRW 5065, KRW 205, KRW 2655,205.

B. On September 3, 2014, the Plaintiff entered into a loan transaction agreement with Defendant A and implemented the loan in accordance with the loan transaction agreement (hereinafter “the second loan”). The Plaintiff entered into a loan transaction agreement with the term “the second loan”). The loan agreement with Defendant A, the loan limit of KRW 50,00,000,00, the loan interest rate of KRW 5.94%, the fixed interest rate of KRW 5.954%, the overdue interest rate of KRW 11%, the loan enforcement date of September 5, 2014, and September 4, 2015 on the expiration date of the loan (hereinafter “instant second loan”).

2) Since then, the Plaintiff changed the terms and conditions of the instant secondary loan agreement with Defendant A several times. As a result, the amount of loan limit of the instant secondary loan was 49,50,000 won, the interest rate was 9.50% as a fixed interest rate, and the date of the expiration of the loans was 9.50% as of February 22, 2018, respectively. (2) As a result, the balance of the instant secondary loan loans, which occurred until September 4, 2018, was 49,50,000 won as principal, interest rate of KRW 3,708,113 as principal and interest rate of KRW 53,208,208,113.

C. Defendant B’s loan and registration of the establishment of a mortgage near the Defendant B’s establishment of a mortgage shall be made on January 18, 2018, as the proposal of Defendant B C.