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(영문) 의정부지방법원 2015.12.02 2014가합56192
사해행위취소
Text

1.(a)

On April 5, 201, it was concluded on April 5, 201 with respect to 1/2 shares of each of the real estate listed in the separate list between the defendant and B.

Reasons

1. Basic facts

A. On August 17, 2006, C Co., Ltd. (hereinafter “C”) entered into a credit transaction agreement with the effect that KRW 1,120,00,000 per annum from Han Bank Co., Ltd. (hereinafter “I Bank”) and the loan period from August 17, 2006 to November 12, 201; 17% per annum less than three months in delay interest rate overdue; and 19% per annum (hereinafter “instant loan transaction agreement”); and B, as the representative director of C, jointly and severally guaranteed the said loan (hereinafter “joint and several surety”).

B. C did not repay the loan by the expiration date of the loan term.

C. On November 24, 2011, concluded between Han Bank and Korea L&A Co., Ltd (hereinafter “Korea L&A”), Han Bank and Korea L&A (hereinafter “Korea”), and on November 26, 2011, concluded between 201 and 24 L&A special purpose companies in Korea, the L&A transferred the instant loan principal amounting to KRW 1,791,961,500, interest thereon, and delayed damages claims to Korea’s special purpose company on December 26, 2011, pursuant to the instant loan agreement. On December 28, 2011, the L&A notified C of the fact of transferring the instant credit by way of content-certified mail.

On the real estate provided as security for the above loan, the auction procedure was initiated due to the application for the voluntary auction by the Korea EF&A limited company specializing in the securitization of the 24th securitization (U.S. District Court D, Suwon District Court E), Korea EF&A specialized in the securitization of the 24th securitization, and the Suwon District Court E-auction procedure was distributed KRW 282,684,143, Sept. 11, 2012 to the Suwon District Court E-auction procedure.

E. On February 18, 2014, 865,400,322 won and its outstanding principal out of the instant loan claims against the Plaintiff on February 18, 2014.

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