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(영문) 수원지방법원평택지원 2015.01.09 2014가합682
사해행위취소
Text

1. The plaintiff succeeding intervenor's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be incurred by the participation.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff’s Intervenor’s Intervenor (hereinafter “Successor”) is a guarantee agreement and a notarial deed of promissory notes

A) On November 26, 2009, the network E (hereinafter referred to as “the network”).

In addition, the Deceased entered into a guarantee agreement with respect to the amount of 408,716,986 Won and the principal amount of 98,750,000,000 won for the Intervenor’s Intervenor’s debt to the F (the deceased’s wife’s husband’s husband’s husband’s wife) within the limit of 480,000,000 won per annum from November 27, 2009 to the full payment date. (ii) The Deceased entered into an additional agreement with the Deceased to bear damages for delay on the guaranteed obligation itself at the rate of 30% per annum if the Deceased did not discharge the guaranteed obligation separately from the foregoing guaranteed obligation.

3) In order to secure the payment of the guaranteed obligation as stated in Paragraph (1) of the same day, the Deceased issued one promissory note with a face value of 48 billion won, and on December 7, 2009, a notarial deed on the said promissory note was prepared.

(2) On October 30, 2009, the Intervenor was paid KRW 80 million from F, and KRW 30 million in total. (2) As to each real estate listed in the separate sheet (hereinafter “each real estate of this case”) around October 30, 2009, the Deceased was loaned KRW 80 million from the Plaintiff, creditors, Songtan Agricultural Cooperatives, and the maximum debt amount of KRW 130 million to the Plaintiff on December 3, 2009 (hereinafter “instant collateral security”).

2) In addition, on December 3, 2009, the Deceased issued and delivered to G a promissory note causing KRW 60 million for the face value with F. On the same day, the Deceased created a right to collateral security, which is the cause of creditors G, the debtor F, the maximum debt amount, 60 million with respect to each of the instant real estate (hereinafter “instant collateral security”).

(3) On the other hand, G is about 2,480 square meters of Pyeongtaek-si, the F owner, in order to secure the obligation for the payment of the Promissory Notes, and 60 million won of the maximum debt amount.

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