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(영문) 광주지방법원 2020.02.13 2019가합50330
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. The Plaintiff, including the Plaintiff’s claim against the Nonparty Company, lent KRW 323,851,000 in total to C (hereinafter “Nonindicted Company”) from March 10, 2005 to March 20, 206. At the time, the Plaintiff lent KRW 97,000,000 in total to E from April 6, 2006 to May 25, 2006, and KRW 208,000,000 in total from June 15, 2006 to November 20, 206.

B. 1) On January 9, 2008, the non-party company filed an application for commencement of rehabilitation procedures with the Gwangju District Court 2008hap2, which was decided on February 15, 2008. The above rehabilitation procedure was abolished on September 17, 2008, and confirmed on October 2, 2008 (hereinafter “the first rehabilitation procedure”). The Plaintiff reported the total amount of loan claims as stated in the above paragraph (a) as rehabilitation claim under the first rehabilitation procedure, the total amount of KRW 628,851,00 (hereinafter “the instant claim”). The non-party company reported the above claim as rehabilitation claim and entered the rehabilitation claim in the list of rehabilitation creditors on April 16, 2015 (2) The non-party company filed an application for commencement of rehabilitation procedures with the Gwangju District Court 2015hap509, which was decided on April 16, 2015 (hereinafter “the above rehabilitation claim order”). The Plaintiff was finalized on October 21, 2015.

C. On December 10, 2008, F Co., Ltd.: (a) filed an application for voluntary auction with the Gwangju District Court H on December 11, 2008 with respect to “Seongsung-gun G et al., and ten parcels, other than the instant land (hereinafter “the instant land”) and the “Gesung-gun G ground factory (including the list of machinery and apparatus under Article 7 of the Factory Mortgage Act”) (hereinafter collectively “instant real estate”); and (b) the said court rendered a voluntary decision on the commencement of auction on December 11, 2008.

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