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(영문) 광주지방법원 2014.05.01 2013가합52464
사해행위취소
Text

1. As to KRW 167,344,130 and KRW 164,319,360 among the Plaintiff, Defendant A Co., Ltd., Ltd., from June 14, 2013 to May 14, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim against Defendant A entered into an electricity supply contract with Defendant A from October 2002 to supply electricity. Defendant A did not pay the total of KRW 164,319,360 used from November 5, 2012 to February 20, 2013 and the total of KRW 167,34,130 (= KRW 164,319,360) and late-payment KRW 3,024,770 used from November 5, 2012 to February 20, 2013.

B. On November 14, 2006, the National Bank Co., Ltd. (hereinafter “National Bank”) established the right to collateral security (hereinafter “each of the instant real estate”) with respect to each of the instant real estate listed in the separate sheet No. 1 list No. 35,03.6 square meters [Attachment No. 2 and (3) on February 13, 2007, the real estate listed in the separate sheet No. 1 list No. 35,033.6 square meters [the joint collateral] of Gwangju Real Estate and Gwangju Mining District Co., Ltd., Ltd. as to each of the instant real estate (hereinafter “the instant real estate”) were loaned KRW 50,000,00 to A Co., Ltd., Ltd. as of November 14, 2006, the joint collateral security contract remains as to each of the instant real estate and the joint collateral security contract with respect to each of the instant real estate (the maximum debt amount No. 3860,000, Mar. 5, 20115].

According to the instant mortgage contract, the secured obligation is all the incidental obligations arising from the lending of bills, instruments lending, overdraft lending, payment guarantee, payment guarantee, sales bond transaction, mutual installment transaction, subscription transaction, bond acceptance, securities lending, foreign exchange transaction, and credit card transaction, and other credit transaction, which Defendant A bears to a national bank in the present or future. (c) A’s market price of each of the instant real estate and Defendant A’s loan obligations (as of January 18, 2013, the total market price of each of the instant real estate as of January 18, 2013).

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