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(영문) 서울북부지방법원 2017.01.19 2016가합20996
사해행위취소
Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable for KRW 157,102,596 and for KRW 114,120,826 among them.

Reasons

1. Determination as to the claims against the Defendants and the Defendant (Appointeds)

A. Facts of recognition 1) The two capitals Co., Ltd. are Defendant A (hereinafter “Defendant Company”).

(2) Each of the loans extended to the Plaintiff at KRW 122,40,000 on June 18, 2012, ② each of the loan period of KRW 48 million on June 29, 2012, KRW 17,000 per annum, KRW 11% per annum, and interest rate on arrears (hereinafter the foregoing loans collectively referred to as “each of the instant loans”). The loans extended from June 18, 2012 as “instant first loan” and loans extended from June 29, 2012 as “instant second loan”).

(2) As to each of the instant loans, Defendant B and Defendant B jointly and severally guaranteed each of the instant loans. As to the instant loans, Defendant B and Defendant (Appointed Party) jointly and severally guaranteed the guarantee limit amount of KRW 21,00,000,000.

3) On June 22, 2015, when the Defendant Company was in arrears with the interest on each of the instant loans, the Company transferred each of the instant loans to the Plaintiff and notified the Nonparty Company of the assignment of the credit at that time. (4) As of February 11, 2016, the principal amount of the instant loan No. 1 is KRW 114,120,826; the principal amount of the instant loan is KRW 157,102,596; and the principal amount of the instant loan No. 2 is KRW 162,425,286; the principal amount of the instant loan is KRW 20,408,582.

[Ground] Defendants: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act): Defendant (Appointed Party) (Appointed Party)

B. According to the facts of the determination as to the cause of the claim, the Plaintiff, the transferee of each of the instant loans, and the Defendants jointly and severally pay the Plaintiff the amount calculated at the rate of 24% per annum from February 12, 2016 to the date of full payment as to the principal amount, expenses, and interest for delay of the instant loans 157,102,596, and the principal amount of KRW 114,120,826.

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