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(영문) 서울중앙지방법원 2020.10.06 2019가합559250
대여금 및 사해행위취소
Text

Defendant and Defendant (Appointed Parties) jointly and severally against the Plaintiff, and KRW 311,683,036, and KRW 299,982,666, among them, shall be jointly and severally against the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into each credit transaction agreement with the Defendant as set out in the table Nos. 1 through 3 below, and provided the Defendant with each money set forth in the “loan Amount” column below, and entered into a credit card use agreement with the Defendant as set out in the table Nos. 4 below.

The Defendant (Appointed Party) jointly and severally guaranteed the loan obligations and the credit card use payment obligations under each of the above agreements or contracts to the extent of each corresponding amount stated in the following table:

The loan amount under the final agreement shall be added to the first loan date of the loan subject (the original) and where there is a modified agreement, the loan amount under the final agreement.

The guarantee limit (won) interest rate on the principal amount accrued at the interest rate of 1-small and medium enterprises’ loan 300 million won on July 28, 2015, 360 million won 299,982, 666 11,700, 370 10.592% on July 20, 2017, 6497,595,083 16,374,002 10.047% on small and medium enterprises’ loan 30,360,000 million won on February 28, 2018, 209,000 million won on KRW 209,000,0007,403,03011% on credit card loans 460,57,157,707,157,757, 1998.

B. From April 9, 2019, the Defendant began to pay debts, such as each of the above loans, and lost its benefit of time.

With respect to each credit transaction agreement above, until July 31, 2019, the loan interest corresponding to the corresponding amount stated in the "interest accrued" in the above table 1 through 3 has accrued, and the balance of principal existed from the same sequence as the loan principal stated in the above table. The loan interest rate is the same as the statement in the "interest rate" in the same sequence.

In addition, as described in No. 4 above, interest rate of KRW 706,177 has occurred until August 1, 2019 in relation to the above credit card use contract, and the credit card use payment of KRW 11,587,55 has remaining, and the overdue interest rate is 24%.

C. On April 26, 2019, the Defendant (Appointed Party) written out an order to sell real estate listed in the separate sheet (hereinafter “instant real estate”) to the Appointed C at KRW 270 million.

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