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1. The sales contract concluded on March 30, 2015 with regard to construction machinery listed in the separate sheet between the Defendant and C is KRW 70 million.
Reasons
1. Facts of recognition;
A. From April 9, 2008 to April 10, 2013, the Plaintiff: (a) lent KRW 147,000,000 to C; (b) however, (c) on October 12, 2015, a notary public drafted an authentic deed of a money loan agreement with a law firm as to KRW 70,00,000 with interest rate of KRW 25% per annum on a legal loan with a maturity of KRW 70,00,000 from April 9, 201 to April 10, 2013 (hereinafter “notarial deed of this case”).
B. On March 30, 2015, C entered into a sales contract for construction machinery listed in the separate sheet (hereinafter “instant sales contract”) with the Defendant (hereinafter “instant construction machinery”) and completed ownership transfer registration for the instant construction machinery to the Defendant.
C. C’s property status around March 30, 2015, which was at the time of entering into the instant sales contract, is as listed below.
The fact that there is no dispute over the amount of 1 construction machinery 70,000,000 1 70,000,000 19,6982 National Health Insurance Corporation 7,226,630 2 Korea Bank 6,766 39,128,710 4 Korean National Bank 165,929 5 348,171 total 70,540,564 116,35,340 16,5,340 20 1,200 2, 200 19,69,6930 340 348,765,929 5, such as creditors, etc.
2. Determination
A. At the time of the instant sales contract, the Plaintiff had a loan claim against C at the time of the existence of the preserved claim. The Plaintiff merely verified the existing claim based on the instant notarial deed, and merely constitutes a preserved claim for the obligee’s right of revocation on the instant notarial deed.
(b).