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(영문) 대구지방법원 2020.06.09 2019나324174
사해행위취소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) The Small and Medium Business Corporation (hereinafter “Small and Medium Business Corporation”) changed the name of the Small and Medium Business Corporation on March 19, 2019.

hereinafter referred to as "Plaintiff"

(2) On June 18, 2015, the Plaintiff lent KRW 200,00,000 to the Dispute Resolution Co., Ltd. under the following loan terms, and the representative director C of the Dispute Resolution Co., Ltd has jointly and severally guaranteed the loan obligations by making the ceiling of the loan amount to KRW 240,00,000. - Interest rate and interest rate: 4.21% per annum (changing interest rate) and each month: repayment on the date of redemption - Repayment on the date of redemption (an equal installment method) every two years after one year: 12% per annum: 12% per annum) the Plaintiff lent the loan amount to the Dispute Resolution Co., Ltd. on January 19, 2016 under the following loan terms; and 300,000,000,000 per annum with the ceiling of the loan guarantee amount to KRW 360,000,000.

- Interest rate and time of payment of interest: 4.07% ( modified interest rate) per annum, payment on the date of redemption every month - Repayment of principal: Redemption on the date of redemption every three years after the two years grace period: 12% per annum: 12% per annum: 3) C delayed repayment of joint and several liability obligations for each of the above loans after October 2017, and lost its profits on February 21, 2018. 4) thereby, the Plaintiff’s joint and several liability obligations against C amounting to KRW 384,574,29 in total as of November 23, 2018 (i.e., principal amounting to KRW 358,310,000 interest rate of KRW 8,137,300 interest rate of KRW 16,523,765 interest rate of KRW 1,603,234).

B. C’s disposal act, etc. 1) On July 13, 2017, C borrowed KRW 70,000,000 from the Defendant from the Defendant on July 12, 2018 due date, KRW 2.5% of interest, and interest interest, at 2.5% per month. As a result, C prepared a document of pecuniary rent with regard to the instant real estate owned by C as a collateral. 2) On July 13, 2017, C and the Defendant entered into a mortgage agreement with the Defendant to set up a maximum debt amount of KRW 91,00,000 (hereinafter “instant mortgage agreement”).

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