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(영문) 창원지방법원 진주지원 2018.02.06 2016가단9571
사해행위취소 등
Text

1. As to KRW 95,373,140 and KRW 35,577,795 among the Plaintiff, Defendant A shall be from December 13, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1 against Defendant A) on July 26, 201, the Plaintiff extended a loan of KRW 230,000,000 to Defendant A by July 26, 2014, with the interest rate of KRW 4.65% per annum until July 26, 2014, with the overdue interest rate of KRW 30,000 per annum, when the overdue interest rate of the said agreement does not exceed 30 days, 8% per annum, 9% per annum per annum between 31 and 90, and 11% per annum for at least 91 days (hereinafter “instant loan 1”).

(C) In order to secure the above loan obligation, Jinju City Co., Ltd. (hereinafter “instant apartment”) owned by the Defendant and owned by the Defendant, No. 106, 101 (hereinafter “instant apartment”).

(2) On May 14, 2012, the Plaintiff extended a loan of KRW 20,000,000 to Defendant A by setting the lending period of KRW 20,000,000 until May 14, 2014, annual interest rate of KRW 7.69%, annual interest rate of KRW 15.69%, and the overdue interest rate of KRW 30,000,000 on October 30, 2012, and thereafter changed the lending period of KRW 30,00,000 to May 15, 2014.

(3) When Defendant A delayed repayment of the principal and interest of the first loan, the Plaintiff applied for a voluntary auction to the apartment of this case owned by Defendant A, and received the said KRW 194,422,205, and the principal and interest of the first loan as of December 12, 2016 (i.e., principal amount of KRW 35,577,795, interest of KRW 29,476,207), and the principal and interest of the second loan amount of KRW 30,319,138 (i.e., principal amount of KRW 30,217,555, interest of KRW 101,583). (ii) Defendant A’s act of establishing a collateral security on May 2, 2014 (hereinafter “instant commercial building”).

A) As to the instant contract, a contract setting up a collateral security agreement with Defendant A (hereinafter “instant collateral security agreement”) to set up a maximum debt amount of KRW 50 million and to set up a collateral security agreement with Defendant A.

A) The establishment registration of a neighboring commercial building was concluded on May 7, 2016 (hereinafter “the establishment registration of a neighboring commercial building of this case”) and completed on May 7, 2014 pursuant to Article 2829, which was received on May 7, 2014.

207.

C. The instant mortgage contract is established.

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