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(영문) 수원지방법원 2019.02.14 2018가단502142
사해행위취소
Text

1. A contract establishing a right to collateral security concluded on January 20, 2017 between the Defendant and D regarding the real estate stated in the attached list.

Reasons

1. Facts of recognition;

A. The plaintiff is "each of the loan contracts of this case under each of the following sequence between the F Co., Ltd. and F Co., Ltd. (hereinafter "SP")

(1) The principal and interest shall be repaid in installments every three months according to the schedule of repayment of principal and interest (in the case of a loan contract with an sequence three years, repayment of principal shall be made with a maturity of one year, and in the case of a loan contract with an order of repayment of principal and interest in installments according to the schedule of repayment of principal and interest), and the interest shall be repaid on the date of repayment of each month in accordance with the schedule of repayment of principal and interest, and in the case of delay in repayment of principal and interest, the interest shall be paid on the date of repayment of each month, and the interest shall be paid on the amount of the principal, interest, and the amount of the loan as stated below. D where the representative director of the non-party company was a representative director of the non-party company, shall be jointly and severally and severally guaranteed all obligations owed by the non-party company to the plaintiff under the above loan contract. The interest rate of the loan (annual interest rate of 10,000,3.50,000 won per annum 12% per annum, 2014.

B. On June 23, 2017, the non-party company delayed the repayment of principal and interest and lost the benefit of time on June 23, 2017, and as of January 16, 2018, the non-party company bears the principal and interest obligation of KRW 1,195,276,51 in total as stated in the bond statement in the separate sheet.

C. On January 20, 2017, D entered into a mortgage agreement with the Defendant on the real estate listed in the separate sheet (hereinafter “the instant apartment”) with the debtor as to the non-party company and the maximum debt amount of KRW 65,00,000 (hereinafter “the instant mortgage agreement”). On January 20, 2017, D completed the registration of the establishment of the neighboring mortgage (hereinafter “the registration of the establishment of the instant apartment”) with the Suwon District Court No. 6648, Jan. 20, 2017.

On the other hand, with respect to the apartment of this case, the maximum debt amount of March 4, 201, KRW 312,000,000, and the mortgagee corporation.

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