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(영문) 서울중앙지방법원 2013.12.30 2013가합14366
사해행위취소 등
Text

1. Defendant A shall pay to the Plaintiff KRW 338,571,251 and KRW 315,556,863 among them, from December 22, 2012 to the date of full payment.

Reasons

1. Basic factual basis within the scope necessary to determine the cause of the claim;

A. The Plaintiff of the first loan and security agreement (the Plaintiff, a stock company prior to the modification, was a corporation engaged in financial service business.

On June 10, 2010, the Plaintiff lent KRW 796,800,00 (330,000,000 on June 11, 2010, which was deposited in the account in the name of the Plaintiff, and KRW 33,20,000 on June 11, 2010, to the account in the name of the Plaintiff) at the maturity of August 10, 2010, interest rate of KRW 2% (10,000 on August 10, 200, and delay damages of KRW 33,20,00 on June 10, 200.

(2) On August 8, 201, the Plaintiff, including the second loan and the provision of security to Defendant A, etc., paid KRW 52,562,100,00 to Cheongju District Court E, F, and G compulsory auction as the bid bond for the instant real estate auction. On August 8, 201, the Plaintiff paid KRW 54,762,10,00 to Cheongju District Court E, F, and G compulsory auction. The loan was drafted with a loan certificate with H as a joint guarantor, and the principal amount of KRW 110,00,000, interest rate of KRW 200,000, and KRW 20,000, and KRW 310,000 on May 30, 2011 (hereinafter referred to as “the first loan”). Upon the repayment of the loan, the Plaintiff’s additional amount of KRW 10,562,100,00 on May 31, 2013 (hereinafter referred to as “the first loan”).

(B) On August 8, 201, Defendant A signed and sealed H as a guarantor. Accordingly, on August 8, 201, Defendant A created a right to collateral security, which is a maximum debt amount of 500,000,000 square meters for each co-ownership of 1,061 square meters and J Miscellaneous land in Seongbuk-gu Seoul Metropolitan Government, and 3,424 square meters for each co-ownership (1/3) with respect to the Plaintiff.

The following are written in the part of the "Terms and Conditions of Special Agreement on the Guarantee of Additional Security" prepared at that time:

2. The auction case that is currently in progress (SPE) shall be deemed to be the date of auction as of October 08, 201.

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