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(영문) 대구지방법원 안동지원 2018.10.17 2018가단20453
사해행위취소
Text

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

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

Reasons

Basic Facts

On May 11, 2016, the Plaintiff leased KRW 50,000,00 to the Co., Ltd. Co., Ltd. (hereinafter “Nonindicted Company”) at interest rate of 24% per annum, and on August 11, 2016 at the time of repayment, Defendant B jointly and severally guaranteed the above loan obligation against the Plaintiff by Nonparty Co., Ltd. (hereinafter “the instant loan obligation”), but the Nonparty Company did not repay the instant loan obligation by the said time limit.

The Plaintiff filed a lawsuit against Defendant B with the Daegu District Court Branch No. 2017Gadan1769, and was sentenced to the judgment on October 18, 2017, that “Defendant B shall pay to the Plaintiff 50,000,000 won and the interest calculated at the rate of 24% per annum from October 12, 2016 to September 20, 2017, and 15% per annum from the next day to the day of full payment.” The above judgment was finalized on November 4, 2017.

In other words, the Plaintiff filed a lawsuit against Defendant B seeking the payment of loans with the Daegu District Court Branch 2017Gadan2564, May 25, 2018, on the grounds that “Defendant B paid or deposited part of the instant loan obligations and paid the principal amount of KRW 14,936,076 among the instant loan obligations, and damages for delay from August 1, 2017, the Defendant B paid the Plaintiff the amount calculated at the rate of 25% per annum from August 1, 2017 to the date of full payment,” and the said judgment was finalized on June 15, 2018.

On July 25, 2018, Defendant B deposited the Plaintiff as the principal for a deposit in 18,608,713 won (= principal 14,936,076 won + KRW 3,672,637 won (=i.e., KRW 14,936,076 x annual 25% x 359/365 days)) with the Daegu District Court Branch of the Daegu District Court as the principal of the deposit in return, Defendant B paid all the loan obligations and damages for delay.

Meanwhile, Defendant B and Defendant C on December 19, 2017, with respect to the size of 932 square meters (hereinafter “instant real property”), which is located in Ansan-si (hereinafter “instant real property”), the maximum debt amount is KRW 50,000,000.

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