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(영문) 광주지방법원 2017.04.18 2016가단13753
사해행위취소
Text

1. The debt repayment contract concluded on July 3, 2014 between the Defendant and C shall be revoked within the scope of KRW 83,062,271.

Reasons

1. Basic facts

A. The Plaintiff, on April 29, 2014, lent the amount of KRW 100 million to C as of July 28, 2014, interest rate of KRW 20% per annum, delay damages, and KRW 25% per annum. Based on this, on July 30, 2014 between C and C, a notary public drafted a notarial deed of monetary loan agreement No. 637 of the E-legal office document No. 637 of 2014, and C received reimbursement of KRW 51 million from the said KRW 100,000,000, and the remainder was not paid with the principal and interest.

B. On July 24, 2014, C filed an application with the Gwangju District Court for an order to commence rehabilitation procedures as prescribed by 2014dan5005, and accordingly, the said court sent an opinion inquiry and notice to the Defendant on August 4, 2014 and served on August 7, 2014.

Accordingly, the defendant submitted the creditor's opinion to the above court on August 25, 2014, and the above court decided to commence rehabilitation proceedings with C on September 12, 2014.

C. On August 4, 2014, after filing an application for the order to commence the above rehabilitation procedures, the Defendant and C drafted an authentic deed of a monetary loan agreement No. 706 prepared by the law firm in 2014, stating that “A notary public, on October 5, 2010, determined and lent KRW 400 million to C on July 3, 2014, interest rate of KRW 13% per annum, and delay damages as KRW 25% per annum, and that compulsory execution is recognized and accepted.”

(hereinafter) The Defendant’s preparation of the above notarial deed is called “instant debt repayment contract”, and the above notarial deed is called “instant notarial deed.”

On December 22, 2014, the above rehabilitation court estimated C's total assets amounting to KRW 8.736 billion as of the commencement date of the rehabilitation procedure, KRW 16.88 billion for liabilities as of the commencement date of the rehabilitation procedure, KRW 5.67 billion for C's liquidation value, KRW 9.674 billion for continuing business value (Provided, That the above continuing business value is calculated on the premise that C sells the F Hospital owned by it to a third party, and the above hospital owned by C was decided to commence the rehabilitation procedure of this case on the premise that C sells the above hospital to a third party. However, the above hospital was not sold until now.

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