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(영문) 의정부지방법원 2016.11.11 2016나5178
사해행위취소 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On June 23, 1998, the flag mutual savings and finance companies (hereinafter “mutual savings and finance companies”) borrowed KRW 1,200,000,000 per annum to D Co., Ltd. (hereinafter “D”) at the interest rate of KRW 23% per annum, and the due date of repayment on June 23, 1999 (hereinafter “instant loan”). B and E guaranteed the instant loan obligation on the same day.

B. On November 30, 200, the mutual savings and finance company transferred the instant loan claims and the joint and several guarantee claims therefor to the Korea Asset Management Corporation (hereinafter “instant joint and several guarantee claims”), and around December 27, 2000, notified the transfer of the above credit to D, B, and E.

C. The Korea Asset Management Corporation filed a lawsuit against D, B, and E against the Seoul Central District Court 2004Gahap80422, and on March 18, 2005, the above court rendered a judgment that "D, B, and E shall jointly and severally pay to the Plaintiff 1,79,89,89,706 won and 645,420,221 won per annum 22% per annum from September 11, 2004 to the date of full payment." The above judgment became final and conclusive on July 17, 2005.

On September 18, 2012, the Korea Asset Management Corporation transferred the instant loan claims and joint and several sureties claims to the Plaintiff. On December 29, 2014, the Plaintiff sent notification of the said assignment of claims to D and B as the agent of Korea Asset Management Corporation, a transferor.

E. As of October 1, 2015, the Plaintiff’s instant loan claims and the amount of joint and several surety claims against D and B are KRW 645,420,221 in balance of the principal of the loan, KRW 2,293,919,658 in total, and KRW 372,257,164 in total, and KRW 3,311,597,043 in total, after the purchase of bonds.

F. Meanwhile, on January 6, 2015, B entered into a pre-sale agreement with the Defendant on the instant land (hereinafter “instant pre-sale agreement”) and completed the provisional registration of the right to claim ownership transfer on the ground of the instant pre-sale agreement under the Defendant’s name as the registration office of Pyeongtaek District Court No. 309 on January 7, 2015.

(g) B. (a)

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