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(영문) 의정부지방법원고양지원 2019.10.25 2018가합77084
사해행위취소
Text

1. On November 27, 2017, Nonparty C and the Defendant concluded a half of the shares in the real estate listed in the separate sheet.

Reasons

1. Fact-finding;

A. On May 26, 2016, D Co., Ltd. entered into a contract with D Co., Ltd. to acquire non-guaranteed private equity bonds (hereinafter “instant bonds”) equivalent to KRW 640 million issued by E Co., Ltd. on the following terms. In this case, E Co., Ltd.’s representative director C jointly and severally guaranteed E’s obligations under the instant bonds acquisition contract.

(1) A stock company E shall temporarily repay the principal of a non-guaranteed bond amounting to KRW 640 million until May 26, 2018.

(2) Interest shall be calculated from the date of issue to the date preceding the date on which principal is repaid, and shall be calculated at the rate of 3.525

(3) Where the principal or interest of the debentures has not been paid until the agreed date, the overdue interest calculated by applying the loss rate prescribed by the Credit Guarantee Fund shall be paid to the unpaid principal or interest.

(4) If a stock company E loses the benefit of time due to bonds, loans, or other obligations due to repayment other than this bonds, or if any cause for default occurs, the benefit of time due shall be immediately lost.

B. The Plaintiff, a special purpose company established pursuant to the Asset-Backed Securitization Act, acquired all bonds related to the instant bonds acquired by D Co., Ltd with the consent of E on May 26, 2016.

C. On December 13, 2017, Co., Ltd. lost the benefit of time for the instant bonds due to the delinquency in the payment of loans to financial institutions.

On August 18, 2018, the Plaintiff filed a lawsuit against E and C with Seoul Western District Court 2018Gahap1407, and on April 18, 2019, the said court rendered a judgment that “A stock company and E shall jointly and severally pay to the Plaintiff 620,01,091 won and 613,782,709 won per annum from December 15, 2017 to January 17, 2019, and 15% per annum from the next day to the date of full payment.”

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