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(영문) 광주지방법원 2017.08.18 2015가합23
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 11, 201, the National Agricultural Cooperative Federation extended a loan of KRW 3,500,000,000 per annum 6.09% per annum in accordance with the terms and conditions of bank credit transaction agreement (market procurement interest rate) and July 12, 2012 (hereinafter “instant loan”).

C has extended to the limit of KRW 4,200,000,000 for the non-party company's obligations arising from the above loan on the same day.

Since then, the loan maturity was extended by July 12, 2014.

According to Article 7 (1) 3 of the National Agricultural Cooperative Federation's Basic Terms and Conditions for Credit Transactions, if an application for commencement of rehabilitation procedures was filed with the non-party company, all obligations owed by the non-party company to the National Agricultural Cooperative Federation will lose the benefit

(2) Under Article 134-4 of the former Agricultural Cooperatives Act (amended by Act No. 14481, Dec. 27, 2016), the National Agricultural Cooperative Federation’s credit business was comprehensively divided, and the Plaintiff was established on March 2, 2012, and the Plaintiff comprehensively succeeded to all the rights and obligations related to the credit business sector of the National Agricultural Cooperative Federation, including the rights and obligations of the National Agricultural Cooperative Federation.

(3) On March 27, 2013, Nonparty Company lost the benefit of time due to the repayment obligations of the instant loan by filing an application for rehabilitation procedures with the Gwangju District Court 2013 Gohap9.

B. The agreement between C and the Defendants (1) was reached between C and C on December 17, 2009, and C transferred to the Defendants all the business relating to the shares of the Company (E, F, G, and H) and the machinery production and repair of the Company (I) and the J, and agreed with the Defendants as a result of the transfer to the Defendants, and as a result, the Defendants were paid KRW 20 million and KRW 25% of the shares of the SIC (hereinafter “instant shares”).

(2) Since September 15, 201, C is as shown in the Defendants and the attached sheet.

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