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(영문) 의정부지방법원 2016.10.12 2015가합54438
사해행위취소
Text

1. As to each real estate listed in separate sheet Nos. 1, 3, 4, 5, 8, 13, 15, 16, and 17:

A. Defendant A, B, and stock company

Reasons

1. Facts of recognition;

A. 1) The Clean System Co., Ltd. (hereinafter “Cheongcheon System”) is concluded, etc.

) On November 1, 2012, Korea-U.S. Investment Securities Co., Ltd. (hereinafter referred to as “Korea-U.S. Investment Securities”)

B) As to the acquisition of the non-guaranteed private equity bonds (hereinafter “instant private equity bonds acquisition contract”) with the content that the NAF bonds will be taken over at least five billion won of the face value of the authorization issued by the clean system.

(2) According to the bond subscription agreement concluded on November 1, 2012 between the Korea-U.S. Investment Securities and the Clean System, the due date for redemption of the principal of the bonds was November 1, 2015, and the due date for redemption of the bills or checks issued, endorsed, accepted by the Clean System or the bank transaction was suspended due to other reasons, the clean limit, which is the issuing company, is the immediate loss of the benefit of time.

3) On November 1, 2012, the Korea Stock Exchange concluded an asset-backed transfer agreement between the Plaintiff and the Plaintiff to transfer the said bonds to the Plaintiff as securitization assets, and the Plaintiff acquired the principal and interest of KRW 5 billion based on the said bonds from the Korea Stock Exchange in accordance with the asset transfer agreement. (B) On July 15, 2014, the Clean Stock Exchange (hereinafter “Defendant Central Livestock Feed”) concluded a collateral security agreement with the Defendant Central Livestock Feed Co., Ltd. (hereinafter “Defendant Central Livestock Feed”) with respect to the real estate stated in the separate sheet No. 1 through No. 1783, Jul. 16, 2014, the Plaintiff completed the registration of the establishment of the right to collateral security agreement with the Government Registry of the District Court of Korea, the Government Livestock Feed of the District Court, as the receipt of No. 61783, Jul. 16, 2014.

2) On August 27, 2014, the clean tank is the Defendant Western Feed Co., Ltd. (hereinafter “Defendant Western Feed”).

The maximum debt amount shall be KRW 3 billion with respect to the real estate in the attached list of paragraphs 1 through 18.

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