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(영문) 대구지방법원 2020.06.19 2019가단108159
사해행위취소
Text

1. On October 27, 2017, each of the real estate listed in the separate sheet between the Defendant and Nonparty C Co., Ltd.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into each of the following loan agreements with C Co., Ltd. (hereinafter “C”) (hereinafter “each of the instant loan agreements”).

(1) On June 24, 2015, the Plaintiff entered into a loan agreement with C and Small Authorized Specialized Funds of KRW 100,000,000 per annum, and with interest rate of KRW 2.94,00 per annum, and with interest rate of KRW 2.94,00 per annum, every one month during three years after two years, the principal shall be repaid on the repayment date, and interest shall be paid on the monthly repayment date, but if interest, etc. is not paid on the said date, the Plaintiff shall pay damages for delay at the rate of 12% per annum, and lent the said money.

(2) On the same day, the Plaintiff entered into an agreement with C and a start-up enterprise support fund of KRW 50,00,000 per annum 4.21% (changing interest rate) and with the principal repaid each month in accordance with the repayment date schedule of principal and interest every two years after the lapse of one year, and the interest shall be paid on the repayment date every month, but the interest shall be paid on the repayment date, but if the interest, etc. is not paid on the said date, the said money shall be lent after concluding an agreement to pay damages for delay at the rate of 12% per annum.

(3) On July 6, 2016, the Plaintiff entered into a loan agreement with C and General Start-Up Enterprise Support Fund of KRW 200,000,000 per annum, and with interest rate of KRW 4.27,00 per annum, and with interest rate of KRW 4.27,00 per annum every three years for three years after two years, the principal shall be repaid on the repayment date, and interest shall be paid on the repayment date every month, but if interest, etc. is not paid on the payment date, the Plaintiff shall pay damages for delay at the rate of 12% per annum.

B. C began to delay the fulfillment of the repayment obligation under each of the instant loan agreements since around December 2017, and the Plaintiff was each of the instant agreements on October 15, 2018.

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