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(영문) 부산지방법원동부지원 2016.07.21 2015가합104915
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff entered into a loan agreement with B Co., Ltd. (hereinafter “B”) and carried out the loan.

(hereinafter “instant loan”). According to the loan basic terms and conditions applicable to each loan agreement, even if part of the obligation against the Plaintiff is not repaid within the time limit, it would naturally lose the benefit of time without demanding or notifying the Plaintiff.

① Equal installment repayment every three months every three years after a loan agreement of June 27, 2013 was made in 50 million won, interest rate of 4.25% per annum, 12% per annum, 12% per annum, and 2 years after a one-year grace period, ② equal installment repayment each month during the loan agreement of April 9, 2015 (5) 50 million won, interest rate of 4.64% per annum, interest rate of 12% per annum, 12% per annum, and every two years after a one-year grace period.

B. B from September 2015, the obligation to repay the principal and interest of the instant loan was delayed and lost the benefit of time thereafter.

As of November 23, 2015, B’s total balance of loans of KRW 1,302,983,196 (i.e., loans of KRW 292,90,732 on June 27, 2013, KRW 505,308,104 on April 9, 2015, KRW 504,684,360 on May 19, 2015).

C. On July 15, 2015, B entered into a contract with C (hereinafter “C”) to comprehensively transfer all the rights and duties, and physical facilities in the plant located in Seongbuk-gu, Sungwon-si, Sungwon-si, with the total price of KRW 1.1 billion.

(The base date of the contract is June 30, 2015; hereinafter referred to as "contract for the business transfer of an original factory") d.

B On September 7, 2015, on the same day, transferred to the Defendant a claim for the transfer of business based on a contract for the transfer of the original factory to pay a loan amount of KRW 700 million to the Defendant amounting to KRW 930 million (hereinafter “transfer of claims in this case”), and notified the Defendant of the said transfer of claims on the same day.

C The original factory is established to the Defendant.

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