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(영문) 의정부지방법원 2017.09.15 2013가단47330
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 2, 1993, the Plaintiff entered into a sales agency agreement with C (business registration under the trade name of D) on the continuous sale and supply of paint, and thereafter, supplied C with paints, etc. since around that time. (2) On May 2, 1993, the Plaintiff jointly and severally guaranteed C’s obligation for the price of goods under the above sales agency agreement with C, and on May 4, 1993, the Plaintiff completed the registration of the establishment of the mortgage on the instant real estate owned by C and the mortgagee as the Plaintiff with the maximum debt amount of KRW 50,000,000.

3) However, C issued six promissory notes with a total face value of KRW 170,323,00 as of December 31, 2013 under the above sales agency contract or for securing the payment of the price of goods and its collateral. From January 31, 2013 to June 28, 2013, the respective due date for payment was July 31, 2013; August 31, 2013; September 30, 2013; October 31, 2013; and 170,323,000 won per annum from the date following the above sales agency contract to June 28, 2013; however, C issued six promissory notes with a total of KRW 170,323,00,00 to the Plaintiff, which was 208.6% of the total amount of KRW 208,50,000 per annum and KRW 2848,208,285,28,286,2,284,2,286, etc.

B. B of the instant mortgage contract between the Defendant and B, on July 22, 2013, concerning the instant real estate.

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