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(영문) 수원지방법원 2018.07.12 2016가합82085
부인
Text

1. The Defendant’s KRW 7,321,56,584 and the Plaintiff’s annual rate of KRW 5% from June 17, 2015 to August 11, 2017, and the following.

Reasons

1. Basic facts

A. As of March 31, 2015, a bankrupt debtor A Co., Ltd. (hereinafter “Bankruptcy debtor”) was a corporation that mainly engages in the business of manufacturing and selling the LROMs, and its liabilities were approximately KRW 6,300,000,000, more than its assets. The net losses for the year 2014 were approximately KRW 40,200,000,000, and there was a serious shortage of the current capital from the end of 2014, and around March 2015.

B. On April 14, 2015, the Defendant, having a special relationship with E Group, as the obligor of the bankruptcy, remitted KRW 3,000,000 to the F Bank account (G) of the obligor of the bankruptcy (hereinafter “4.14”), and the obligor of the bankruptcy, on April 17, 2015, transferred KRW 3,614,00,000 to the said F Bank account from the H Bank account (I) of the obligor of the bankruptcy, and transferred KRW 3,001,23,49 to the Defendant on the same day.

(hereinafter “4. 17. 17. c)

On April 27, 2015, the bankrupt debtor sent a letter to the Defendant stating that “I request a loan of funds due to a temporary shortage of funds for the operation of the company.” On the same day, the bankrupt debtor entered into a monetary loan contract with the Defendant on April 27, 2015 with the loan amount of KRW 2,150,000,000, and the loan period of KRW 2,150,000 on May 31, 2015, and 6.9% per annum, after receiving remittance of KRW 2,150,00,000 (hereinafter “J”) after concluding the loan contract with the Defendant on April 27, 2015 (hereinafter “loan”), and the J remitted the above money to the China Limited Corporation (hereinafter “K”), a Chinese subsidiary of the debtor’s bankruptcy debtor.

On April 30, 2015, the bankruptcy debtor is "L" corporation (hereinafter referred to as "L") and "M land and factory (hereinafter referred to as "morry factory") in the case of inside of the bankruptcy debtor's ownership in order to raise the current capital.

A contract was concluded for sale to L by setting forth a special agreement to cancel the registration of establishment of a neighboring mortgage of a creditor FF bank, which was established in an Ansan factory, prior to May 19, 2015, on the remainder payment date, with the sales amount of KRW 7,300,000,000.

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