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(영문) 의정부지방법원고양지원 2015.11.26 2014가합7209
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Presumption

A. On September 7, 2010, the Plaintiff, C, and D agreed to provide the following terms and conditions as “Plaintiff: a security offerer, C: a joint guarantor, and D: a debtor.”

(hereinafter “instant agreement”). 2. This agreement is a contract which is concluded by the secured party, the Plaintiff, and D as the debtor.

3. The content of the contract is a company jointly operated by the obligor E (E) Co., Ltd. (hereinafter “E”) and D.

This loan [30 million won / our Bank, Inc., hereinafter referred to as “Korea Bank”)]

(ii) is a contract responsible for a dialogic point.

4. The contract period shall be three years from the contract date.

5. As above, the Plaintiff’s wage (2 million won) during the first contract period is paid from January 201, and the Plaintiff’s wage is allocated to the surety based on 40% of the Plaintiff’s initial equity at the time of sale of E’s business, and the entire amount of the loan and the interest shall be repaid when the sale is not made.

B. In accordance with the above agreement, the Plaintiff: (a) upon receiving a loan from the Bank on September 7, 2010, the Plaintiff created a collateral security on the part of the Bank as “the maximum claim amount: 20,331 square meters; G forest 25,48 square meters; (b) 17,058 square meters; (c) 33,223 square meters; (d) J forest 12,099 square meters; (d) 7,438 square meters; (e) K forest 20,826 square meters; (e) 61,091 square meters; (e) M forest 34,215 square meters; and (e) 24,92 square meters; and (e) 29,92 square meters of land owned by the Plaintiff.”

C, from September 7, 2010 to April 2013, 2013, K and D repaid the loan principal of KRW 70 million to our bank.

C. After that, the Plaintiff, C, and D decided to change the lending institution to the Macheon City Forestry Cooperatives on April 30, 2013. The Plaintiff created a mortgage with respect to the said real estate as “the maximum amount of claims: 450 million won, and debtor: C” with respect to the said real estate and repaid the existing loan to the Bank with the loan, and additionally borrowed KRW 120 million from the Plaintiff, and KRW 100 million among them, KRW 20 million,000,000 from the loan.

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