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(영문) 수원지방법원안산지원 2015.04.16 2012가합6469
사해행위취소
Text

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

2. The costs of lawsuit shall be borne by the intervenor succeeding to the plaintiff.

Reasons

1. Basic facts

A. The National Bank Co., Ltd. (hereinafter “National Bank”) concluded a credit transaction agreement with D Co., Ltd. (formerly: E Co., Ltd.; hereinafter “D”) and paid the loans to D as follows. At the time, C, the representative director of D, jointly and severally guaranteed each of the above loans to D up to the respective collateral guarantee limit as listed below.

It is the expiration date of loans extended due to the expiration date of the credit period from the expiration date of the credit period.

The maximum amount of loan for business use loan 1,00,000,000 on May 18, 2012, 2012, 1,300,000,000 for business use loan 400,000,000 for business use loan 2, June 7, 2007, 207, May 21, 2012, 20,000 for total foreign currency payment guarantee of 550,000,000 for total foreign currency payment guarantee of 3,000 on August 25, 2008; 780,000,000,000,50,000,000 for business use loan 50,000,000,000,000 for business use loan 1,000,000 for business use loan 1,000,000,000 for May 20, 2009

B. On the other hand, D, on May 24, 2002, set up a first priority mortgage on factory machinery at the Industrial Bank of Korea’s maximum debt amount of 1.5 billion won, in order to secure loan obligations against the Industrial Bank of Korea, with respect to the land and three Dongs of the land and buildings owned by it (hereinafter “F real estate”). At the same time, D, on May 24, 2002, set up a factory mortgage for factory machinery at the same time, to secure loan obligations against the Industrial Bank of Korea;

On May 28, 2007, the National Bank created a joint collateral of 1.3 billion won of the maximum debt amount and 1.3 billion won of the maximum debt amount to the National Bank, and on June 30, 2009, the National Bank created a joint collateral of 1.3 billion won of the maximum debt amount and 1.3 billion won of the maximum debt amount to the National Bank.

(c) D shall be attached to its ownership.

3. As to each real estate listed in the list, the sales contract between Defendant B on May 31, 2010 entered into with the sum of the sales price (=4,000,000 x 5 x 5).

B. In June 17, 201, each of the defendant B.

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