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(영문) 부산지방법원 2021.02.16 2020가단317767
사해행위취소
Text

The defendant is the Busan District Court with regard to the "Indication of the attached real estate" to C.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (former trade name: E Co., Ltd.; hereinafter “Non-Party Co., Ltd.”) operated “P2P-invested goods,” and its operating structure is as follows.

A business entity engaging in online loan brokerage business shall invite investors through the Internet and scom, and as its subsidiary, provide loans to debtors holding real estate, movable property, etc. through the credit service company through the above-mentioned investors. Accordingly, securing a security for loans by establishing a collateral security right or a pledge on the above real estate or movable property under the name of the non-party company, and return the interest and the principal to the investors with the money agreed upon by the above loan debtors after recovering the interest and the principal on the agreed payment date as agreed by the above loan debtors.

B. On December 14, 2017, Nonparty Company: (a) lent KRW 15 million to D; and (b) obtained the establishment of a collateral security (hereinafter “instant collateral security”) with the maximum amount of KRW 22,50,000,000,000 from the Busan District Court’s receipt of the registry office among the Busan District Court (36045, Dec. 14, 2017).

(c)

The plaintiff filed a lawsuit against the non-party company for a claim for the agreed amount against the non-party company as an investor in the investment goods, such as the foregoing paragraph (a). On July 17, 2019 when the lawsuit was pending, the plaintiff and the non-party company on July 17, 2019, "the non-party company shall pay to the plaintiff KRW 4 million, which shall be paid up to July 31, 2019, and the remaining KRW 36 million shall be paid up to July 31, 2019, and the remaining KRW 9 million shall be paid in installments from August 31, 2019 to November 30, 2019.

If the non-party company delays the above monetary payment obligation on one occasion, the non-party company shall immediately lose the interest on the remainder, and shall pay the non-party company shall pay the unpaid amount to the plaintiff at the interest rate of 12% per annum from the day following the day of loss of the due date until the day of full payment.

“.....”

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