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(영문) 대구지방법원경주지원 2019.11.01 2018가합2905
사해행위취소
Text

1. E Co., Ltd.;

A. It was concluded between Defendant B and the Association on May 16, 2017 as to each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1 against E Co., Ltd. was a quasi-government agency established pursuant to the Small and Medium Enterprises Promotion Act for the efficient promotion of small and medium enterprise promotion projects, and the Plaintiff entered into a loan agreement with E Co., Ltd. (hereinafter “E”) that is the owner of each real estate listed in the separate sheet (hereinafter “E”) according to the sequences indicated in the separate sheet. On January 10, 2015, the Plaintiff entered into a loan agreement for business start-up support funds (hereinafter “the first loan agreement”).

- Amount of 150,00,000, annual interest rate of 3.74% (interest rate on changes, interest rate on delay - annual interest rate of 12% - annual interest rate of 12% for one year, and one-year equal installment on the date of repayment every one month in accordance with the schedule of repayment of principal and interest.

2. A loan agreement for support of general start-up enterprises (hereinafter “second loan agreement”) dated May 3, 2016 - 100,000, annual interest rate of 3.90,000, annual interest rate of 12% per annum - annual interest rate of 12% per annum for 3.90%, and 2% per annum for 3 years, repayment in equal installments on the repayment date in accordance with the repayment date schedule in every one-year period of repayment, from August 2017 to the Plaintiff from August 3, 2017. Accordingly, the Plaintiff terminated both the first and second loan agreement around January 30, 2018, and the Plaintiff’s loan claims against E under a second loan agreement are as follows as of September 20, 2018:

(unit: original loan contract) 56,250,000 307,730 637,420,517,072,712,7222 222 222 1,00,000,000,281,9531,907,6148,163,8133,353,250,0032,545,03413,685,885,66,602

B. Defendant D entered into a contract of chonsegwon between E and the Defendants to establish a right to lease on a deposit basis (hereinafter “instant right to lease on a deposit basis”) with Defendant D, between March 21, 2017, as to the first real estate as the deposit amount of KRW 150,000,000, and the duration from the same date to March 20, 2019, and between March 20, 2019.

, 2017.

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