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(영문) 서울중앙지방법원 2018.06.27 2016가합561511
사해행위취소
Text

1. As to the Plaintiff’s KRW 2,357,690,796 and KRW 1,000,000 among them, Defendant B shall pay to the Plaintiff KRW 2,357,690,796 from June 11, 2011 to December 29, 2016.

Reasons

In light of the above legal principles, the Plaintiff’s performance guarantee certificate (this case’s performance guarantee certificate No. 1; hereinafter “this case’s performance guarantee certificate”) was certified by notary public No. 4128 on 2010 and delivered to the Plaintiff.

The contents of the above performance assurance are as follows:

D Co., Ltd. (Representative B) provides real estate security (K and two lots outside Gyeonggi-do, Kimpo-si, and two lots) at the time of loan of funds to the K Co., Ltd. with the guarantee of the K Co., Ltd. of the K Co., Ltd. and the K Co., Ltd. of the K Co., Ltd. of the K-si and the K Co., Ltd. of the K Co., Ltd. of the K Co.

Of the total sum of KRW 10 million, KRW 100 million shall be the payment key on the one-year anniversary of the date of loan, and KRW 10 million shall be the payment key at the time of repayment of loan. If the cash repayment is not performed, it shall be calculated in proportion to the amount paid as a substitute (a apartment and commercial building) in the business place at the time of payment, and shall be delivered in excess of the payment contract.

Therefore, one copy shall be held respectively by the notarial act.

* * Payment to A of the remaining interest rate calculated by subtracting the interest on loans, out of the nine percent interest rate.

* After the lapse of one year from the date of loan, the market price at the present market is applied at the time of real repayment with respect to the total amount of 10 billion won, including loans, when payment is not performed, and the due payment is drawn up and made.

3) On June 11, 2010, B determined the due date as of June 11, 2013, and received each of the above loans of KRW 283,000,000 from MA, and KRW 749,00,000 from NA, and KRW 668,00,000,000 (= KRW 283,000,000, KRW 749,000,000) from NA, and the Plaintiff was “each of the instant G associations” on the same day.

) In the future, in Kimpo-si, Kimpo-si, the Plaintiff owned 2917m2, P land for factory, 2760m2, Q land for factory, 1256m2 and above-ground factories (hereinafter collectively referred to as the “Ruri Real Estate”).

The Incheon District Court's Branch of the Incheon District Court's Branch Kimpo-si Office of 1, 2010 received on June 11, 20179, respectively.

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