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(영문) 전주지방법원 2020.05.07 2019가합3775
사해행위취소
Text

1. As to each real estate listed in the separate sheet 1 and 2:

A. Defendants A and D Co., Ltd. on February 25, 2019

Reasons

1. Determination as to the claim against Defendant A and Defendant B

A. Facts of recognition 1) The Plaintiff Company D (hereinafter “D”)

(A) On August 18, 2015, the Plaintiff entered into a loan transaction agreement with D and loans KRW 200,000,000, August 19, 2018 (one-year grace period, two-year principal and interest repayment), 3.91% per annum, and 12% per annum.

B) On March 16, 2016, the Plaintiff entered into a loan transaction agreement with D and 280,000,000,000, on March 17, 2021 (two-year grace period, three-year repayment of principal and interest), interest rate of 3.74% per annum, and interest rate of 12% per annum on September 21, 2017. (C) On September 21, 2017, the Plaintiff entered into a loan transaction agreement with D and 70,000,000,000 on September 22, 2022 (two-year grace period, three-year repayment of principal and interest), interest rate of 2.06% per annum, and delay interest rate of 12% per annum.

(D) In addition to each of the above loan transaction agreements, the Plaintiff executed the loan to D in accordance with the loan transaction agreements in this case, and D thereafter lost the benefit of time due to the Plaintiff’s failure to repay its obligations under the loan transaction agreement in this case. Accordingly, D’s delayed payment of the loan amounting to KRW 331,880,00 of the loan principal and interest amounting to KRW 331,420,420,477 of substitute payment, interest amounting to KRW 2,737,039, interest amounting to KRW 1,641,925 of the loan transaction agreement in this case (hereinafter “the loan claim in this case”).

(2) D) Each of the real estate listed in the separate sheet No. 1 and No. 2 of February 26, 2019 (hereinafter “instant real estate”) is included in D’s mortgage contract.

(2) On February 25, 2019, the lower court completed the registration of establishment of a mortgage (No. 4221) on the ground of a contract to establish a mortgage as of February 25, 2019, the maximum debt amount of KRW 250,00,000, the debtor D, the debtor D, and the Defendant A, the mortgagee of the right to collateral security (hereinafter the foregoing contract) (hereinafter the “instant first mortgage agreement”) and the registration of the said establishment.

(B) D) Appendix 1 dated March 28, 2019.

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