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(영문) 전주지방법원 2017.01.11 2015가단12439
구상금 및 사해행위취소
Text

1. As to KRW 43,316,296 and KRW 43,147,106 among the Plaintiff, Defendant A shall be from October 6, 2014 to August 25, 2015.

Reasons

1. Claim against the defendant A;

(a)as shown in the reasons for the attachment of the claim;

(b)Article 208(3)3(c) of the Civil Procedure Act.

The Plaintiff partly dismissed part of the Plaintiff claimed damages for delay at the rate of 20% per annum for the period from the day after the delivery of the copy of the instant complaint to the day of complete payment. However, the statutory interest rate is amended by Presidential Decree No. 26553, Sept. 25, 2015 as the Regulation on Legal Interest Rate of Article 3(1) main sentence of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 26553, Oct. 1, 2015). Thus, the part exceeding the above recognition scope

2. Claim against the defendant B

A. 1) As to the instant real estate owned by Defendant A, the ownership transfer registration under the name of the Defendant B was completed on January 3, 2014, with the receipt of No. 220 on January 6, 2014, from the Southern District Court Branch of the Jeonju District Court, as to the instant real estate owned by Defendant A.

B) At the time of January 3, 2014, the establishment registration of the instant real estate was completed based on the old agricultural cooperative’s maximum debt amount of KRW 115 million, and Defendant B completed the registration of the establishment of the said neighboring real estate as of January 6, 2014, as of January 3, 2014, as of January 3, 2014, Defendant A had no active property other than the instant real estate at the time of the said sales contract, while Defendant A was in excess of the debt due to loans owed to the North Bank, Defendant B’s loan obligations owed to the North Korean loan, Defendant B’s loan obligations owed to the instant real estate, and the collateral obligations arising from the establishment registration of the establishment of the mortgage on the instant real estate.

[Ground of recognition] Unsatisfy, Gap evidence 7, 8, Eul evidence 3, response to each order to submit tax information by the Ministry of Land, Infrastructure and Transport, and the Ministry of ASEAN, the purport of the whole pleadings

B. Defendant A’s assertion is due to business difficulties while operating C and due to the risk of insolvency. The Plaintiff’s claim is against the Plaintiff.

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