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(영문) 수원지방법원 2020.02.14 2018나64078
사해행위취소
Text

1. According to the claim that the court had changed in the course of lawsuit and in exchange, the defendant shall transfer to the plaintiff C.

Reasons

1. Facts of recognition;

A. On June 25, 2015, the Small and Medium Business Corporation entered into an agreement for profit-sharing type loans with the purport that the amount of the loans shall be KRW 800 million, and the principal shall be paid in installments each month in accordance with the schedule of repayment of principal and interest for two years, and 1.88% (fixed interest rate) interest shall be paid each month in accordance with the schedule of repayment of principal and interest, and 3% of the operating income in each period of settlement after the date of the loan shall be paid as interest-for-profit interest-for-profit interest rate

B. On January 26, 2016, the Small and Medium Business Corporation entered into a contract with D Co., Ltd. (hereinafter “Non-Party Company”) to “the assumption of obligations under the above loan agreement with B”, and B jointly and severally guaranteed the obligations owed to the Non-Party Company to the Small and Medium Business Corporation.

C. On June 21, 2016, the Small and Medium Business Corporation concluded a transparent management performance agreement with the non-party company to acquire convertible bonds with a monthly repayment of the principal amounting to KRW 500 million, and three years after a four-year grace period. B entered into an agreement with the non-party company that is jointly and severally responsible for the debt owed to the non-party company.

On the other hand, B, on July 21, 2017, completed the provisional registration of the right to claim transfer of ownership on July 3, 2017, with respect to the land of 330 square meters (hereinafter “instant land”) prior to Sungsung-si, the Defendant made a provisional registration on July 3, 2017.

E. On February 8, 2018, the Small and Medium Business Corporation filed a lawsuit against the Defendant for revocation of fraudulent act [the Seoul Rehabilitation Court 2018Hadan505639], and B filed a petition for bankruptcy on January 19, 2018 [the Seoul Rehabilitation Court 2018Hadan10131], and the Plaintiff was appointed as the bankruptcy trustee of B after having been declared bankrupt on April 16, 2018.

F. On January 16, 2019, the Plaintiff taken over the said legal proceedings filed by the Small and Medium Business Corporation, and subsequently amended the purport of the claim to the lawsuit of denial on March 5, 2019.

【Ground of recognition” has no dispute, Gap 1 through 4, and No. 7.

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