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(영문) 서울중앙지방법원 2016.12.23 2015가합549231

사해행위취소 등

Text

1. Defendant A shall pay to the Plaintiff KRW 884,758,91 and KRW 646,171,173 among them, from November 4, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a savings bank established under the Mutual Savings Banks Act, and B (hereinafter “Nonindicted Company”) is a company established for the purpose of breeding, production, and sale. Defendant A is the representative director of the non-party company, and Defendant Western Feed Co., Ltd. (hereinafter “Defendant Co., Ltd”) entered into a feed supply contract with the non-party company on May 10, 2012 and thereafter supplies feed to the non-party company on or after October 2012.

B. (1) On August 28, 2014, the Plaintiff extended a loan to the non-party company at an annual interest rate of KRW 1 billion, 7% per annum, and 19% per annum. The maturity of the loan is 12 months from the date of loan execution. The non-party company entered into a loan agreement with the non-party company to repay the loan in equal installments over 10 times after the lapse of the grace period of two months from the date of loan execution. On August 29, 2014, the loan of KRW 1 billion was loaned to the non-party company (hereinafter “the loan of this case”), and the Defendant A provided a joint and several surety debt of this case within the limit of KRW 1.3 billion, and the non-party company delayed repayment of the principal and interest under the loan agreement of this case and remains 646,171, 173, 288, 3888, 187, 2888, 187.

C. On June 11, 2010, the Central Land Expropriation Committee set the commencement date of expropriation as of August 4, 2010, on the land listed in paragraphs 1 through 4 of the attached Table No. 1, which is owned by Nonparty Company A, Defendant A, and the land listed in Paragraph 5 of the attached Table No. 5, which is owned by Nonparty Company A, as of August 4, 2010.

Defendant A, as the nominal amount of compensation, KRW 10,42,851,060, totaling KRW 6,260,339,000 business losses compensation for the land indicated in attached Table 1 of the land owned by Nonparty A, as the compensation for land owned by Nonparty A, KRW 10,42,851,060, totaling the compensation for business losses of KRW 72,000.