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(영문) 서울중앙지방법원 2018.11.08 2018가합524189
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant C”) and Defendant D Co., Ltd. (hereinafter “Defendant D”) are corporations with the primary business of corporate agricultural management and business of distributing and processing agricultural, livestock, and fishery products to improve their productivity, and engaging in the distribution, processing, and sales of agricultural products as incidental business.

B. The Plaintiff’s claim 1) F Co., Ltd. (hereinafter “F”)

) The joint and several sureties of E and G H Co., Ltd. (hereinafter “H”)

(2) From June 1, 1999, 1.5 billion won, 50 million won, 199.6.1 December 29, 1998, and 315 million won, each of the above principal and interest of loan was repaid. F was liable for the total amount of 1,976,035,981 won (the principal and interest of loan 1,015,088,699 won and losses for agreed delay thereof) as of April 30, 201, the Korea Asset Management Corporation received the above principal and interest of loan from I who merged H on June 28, 2001, and received the above principal and interest of loan 1,50 million won, 200 million won, 305% of the total amount of loan 1,015, 2085% of the total amount of loan 1,000 won, 305% of the judgment, 2015, 306, 1985, 206, 197.8.1.6

(2) On September 18, 2012, the Plaintiff acquired the claim from the Korea Asset Management Corporation for each of the above loans amounting to KRW 1,010,093,079 and the agreed delay damages therefrom, and notified F and E of the said assignment of claim on October 19, 2012 upon delegation of the notification of transfer.

On March 21, 2014, the Plaintiff issued an order to pay part of the amount to the court for the interruption of extinctive prescription of claims based on the above final judgment.

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