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(영문) 수원지방법원평택지원 2017.06.29 2016가합8499
사해행위취소
Text

1. As to each movable set forth in the separate sheet between the Defendant and A, a notary public is code 1501, 2015.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) The Industrial Bank of Korea (hereinafter “The Bank”) is the Bank of Korea.

A) On March 30, 2010, KRW 1,300,000, and KRW 440,000,000 on March 30, 2010, and KRW 30,000 on November 10, 201, and KRW 30,000,000 on each loan to A. On May 3, 2012, A acquired the obligations of KRW 330,00,000 on the Bank of Korea of B (hereinafter collectively referred to as “the instant loan claim”).

(2) The instant loan claims were transferred to the Plaintiff on June 4, 2015, under the asset acquisition agreement concluded between the Industrial Bank of Korea and the Joint Asset Management Company and the Industrial Bank of Korea, the Industrial Bank of Korea, the Joint Asset Management Company, and the Plaintiff on June 26, 2015 (hereinafter “instant loan transfer agreement”). The Industrial Bank notified A of the transfer of the instant loan claims on June 29, 2015.

3) The principal and interest of the instant loan claim as of March 21, 2016, which were unpaid as of March 21, 2016, is KRW 1,68,258,589 (the principal = KRW 1,478,549,282 + the agreed interest of KRW 20,134,678 + the agreed interest of KRW 11,184,900 + KRW 158,389,729). B. The Defendant entered into a contract to establish a security transfer between A and the Defendant on August 10, 2012, transferred the ownership of the attached movable property (hereinafter referred to as “instant movable property”) to the Defendant by means of the amendment of the ownership of the ownership of the instant movable property (hereinafter referred to as “instant loan contract”).

On November 26, 2015, a notary public concluded a contract for a loan for consumption of money transferred for security (704,689,979), which was incurred by A to the defendant, on November 26, 2015.In relation to the debt (704,689,979) incurred by A, a notary public to enter into a contract for a loan for consumption of money transferred for security, and the movable property of this case as soon as this agreement was concluded.

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