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(영문) 전주지방법원군산지원 2017.04.14 2016가단55030
사해행위취소
Text

1. A contract establishing a right to collateral security concluded on January 7, 2016 between the Defendant and B regarding each real estate listed in the separate sheet.

Reasons

Facts of recognition

The following facts may be acknowledged either in dispute between the parties or in full view of the respective entries and arguments in Gap's 1, 2, 4, 6, 8, 11, Eul's 1-1 through 6, and Eul's 2 through 8.

As between B and January 8, 2015, the Plaintiff: “B lent KRW 110,00,000 to B; B, as of January 31, 2015, KRW 40,000,000, and KRW 40,000 on February 28, 2015; and KRW 30,000,000 on March 31, 2015; and if B delays the payment, it shall pay damages for delay calculated at the rate of 20% per annum for the principal immediately due to delay, the Plaintiff drafted a notarial deed of a monetary loan agreement (No. 2015, No. 21, 2015, and hereinafter “instant notarial deed”) stating that “B shall pay damages for delay calculated at the rate of 20% per annum for the principal.”

B Until December 24, 2015, up to December 24, 2015, the Plaintiff repaid only part of the principal and interest on the instant notarial deed-based loan. The remainder of the principal and interest on the loan was 114,819,965 won from B to December 24, 2015, the Plaintiff was paid KRW 26,00,000 out of the loans based on the instant notarial deed-based loan from February 11, 2015 to December 24, 2015. The loan amounted to KRW 102,018,713, and damages for delay remain in the order of delay and principal amount. Accordingly, the Plaintiff’s loan interest and interest on the Plaintiff’s loan remains 114,819,965 won, and the Defendant does not dispute the amount of the above loan amount.

It reaches the end.

On October 28, 2014, the Defendant settled the amount of claims against the Defendant’s husband and wife B at KRW 359,170,780, and written a notarial deed of quasi-loan for Consumption (No. 1010, 2014, which is a notary public, No. 1010, a notary public) on the above amount of claims as the obligor and surety B.

B On January 7, 2016, the Defendant entered into a mortgage contract (hereinafter “mortgage contract”) with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”) and the Defendant.

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