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1. Of the judgment of the court of first instance, the part against the defendant is revoked, and the plaintiffs' claims corresponding to the revoked part are all revoked.
Reasons
1. Basic facts
A. The plaintiffs' claims 1) Q Q Co., Ltd. (hereinafter " Q")
) The project for the construction of new apartments in the vicinity of Daegu Suwon-gu R (hereinafter referred to as the “instant project”).
2) On January 5, 2006, A Co., Ltd. (hereinafter referred to as “A”) made a loan to Q Q on January 5, 2006 by setting the interest rate of KRW 3.3 billion per annum, 10% per annum, 21% per annum, and 5 March 2006 due to the expiration date of the credit period.
3) B Co., Ltd. (hereinafter “B”).
(3) On January 31, 2006, Q lent the loan to Q as of July 31, 2006, at the interest rate of 12% per annum, 25% per annum, and the expiration date of the credit, as of July 31, 2006. On February 1, 2007, as of February 1, 2007, at the interest rate of 12% per annum, 25% per annum, 25% per annum, and 1 August 2, 2007, as of the expiration date of the credit. 4) A was declared bankrupt on February 2, 2012 as the Daejeon District Court 201Ham1, and the Plaintiff Korea Deposit Insurance Corporation was appointed as the bankruptcy trustee.
In addition, B was declared bankrupt on April 30, 2013 by Seoul Central District Court 2013Hahap47, and the Plaintiff Korea Deposit Insurance Corporation was appointed as bankruptcy trustee.
(hereinafter referred to as “Plaintiff A’s trustee in bankruptcy,” and “Plaintiff B’s trustee in bankruptcy,” if the Plaintiff’s trustee in bankruptcy is the Plaintiff’s trustee in bankruptcy, and if it is not necessary to distinguish it, the Plaintiff’s trustee in bankruptcy.
Since the process of Q’s business and the acquisition of business rights with the Defendant, Q concluded a sales contract with the land owners in the instant project area for the instant project from around 2005 and paid down payment and part of the intermediate payment. 2) Q closed down on June 30, 2010.
The sum of assets on the standard balance sheet of December 31, 2009, which was 50,262,182,571 won, and the total debt amount was 68,176,214,658 won.
3. The defendant was the case between Q and Q on March 10, 2014, and the defendant was Q from Q.