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(영문) 서울중앙지방법원 2016.04.21 2012가합506066
사해행위취소
Text

1. It was concluded between the defendant and C on December 9, 2010 as to each real estate listed in the separate sheet No. 1.

Reasons

1. Basic facts

A. A Co., Ltd.’s claim 1) A (hereinafter “A”)

C) A Co., Ltd. (hereinafter “C”)

As of July 12, 2005, the credit limit amount was 1.6 billion won per annum, 1.5% per annum, 21% per annum, 21% per annum, and 20 July 20, 2006 (after this, until July 20, 2009).

(3) On July 20, 2005, a loan of KRW 1.6 billion was made on July 20, 2005, and (2) on May 30, 2008, the credit limit amount of KRW 900 million per annum, interest rate of KRW 10.5% per annum, interest rate of KRW 22% per annum, and interest rate of KRW 22% per annum on May 28, 2009, and the credit period of KRW 900 million on the same day after concluding a credit transaction agreement, and (3) on June 13, 2008, a loan of KRW 400 million was made on the same day (each of the above loans was referred to as “the instant loan”).

2) On July 24, 2006, D Co., Ltd. (hereinafter “D”) entered into a credit transaction agreement with A by setting a credit limit of KRW 3.7 billion per annum, interest rate of KRW 10.5% per annum, interest rate of KRW 21% per annum, and period of credit extended to July 24, 2007 (after that date, extended to July 24, 2009). C, on the same day, jointly and severally guaranteed debt under D’s credit transaction agreement within the limit of KRW 4.85 billion.

(hereinafter referred to as the "joint and several sureties") A around July 2009 filed a lawsuit against C to seek the payment of the loan of this case (No. 2009da13513) and declared bankrupt on April 16, 2010 (No. 2010Hau District Court 201Hau1) and appointed the Plaintiff as the trustee in bankruptcy.

After that, on April 8, 2011, the plaintiff taken over the above litigation procedures of A.C. 1,687,378,530 won and 1,636,263,166 won and 21% interest per annum from July 13, 2009 to the date of full payment.

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