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(영문) 서울중앙지방법원 2014.05.01 2013가합45636
사해행위취소를원인으로한근저당권설정등
Text

1. Defendant B’s KRW 272,900,000 and annual 5% from July 2, 2013 to May 1, 2014 to the Plaintiff.

Reasons

1. Under each of the following facts, facts may be acknowledged by adding up the whole purport of the pleadings to the statements in Gap evidence Nos. 1, 2-1, 3-6, 7, 4-2 to 12, and 8-1 to 2.

On September 27, 2012, Defendant B issued to the Plaintiff a promissory note of KRW 50,000 at par value, KRW 50,000,00 on February 27, 2013, the issue date, the place of payment, and the place of payment, respectively, one copy of the Promissory Notes of Seoul Special Metropolitan City (hereinafter “instant Promissory Notes”). On the same day, a notary public drafted a deed of promissory Notes to the effect that the said Promissory Notes recognize the compulsory execution under the said Promissory Notes of No. 930 on the instrument of Djoint Law Office.

B. On August 17, 201, the Plaintiff drafted and issued to E a certificate of borrowing the loan to the effect that the Plaintiff borrowed KRW 6,00,000,000 for six months of maturity and ten percent per annum, and that the Plaintiff borrowed KRW 35,00,000 on August 29, 201 without due date and interest rate fixed.

C. On March 23, 2012, Defendant B drafted a sales contract with E with the following content.

Sales contract;

3. Defendant B shall sell to Defendant B the land and buildings owned by Defendant B in gold amounting to KRW 600,000,000.

4. Provided, That the Defendant B’s banking liabilities of KRW 190,000 and KRW 200,000,000,000, including the liabilities owed to E, shall be entitled to 200,000,000 from actual E;

In addition, interest of KRW 190,00,000 in bank liabilities shall be borne by E.

Notarial Acts of Time Contract after Liability Time

D. On March 9, 2011, the Plaintiff drafted and issued to G a certificate of borrowing KRW 3,00,000, and issued to G a full loan of the said amount, from that time to December 14, 2012, the Plaintiff drafted and issued to G the following certificate of borrowing.

No interest rate of KRW 3,00,00 on the loan date shall be KRW 12% per annum from April 27, 2011 that has no interest rate of KRW 16,400,000 on the loan date, and no interest rate of KRW 12% per annum from April 27, 2011 shall be KRW 8,000 on May 3, 2011; and no KRW 11,000,000 on May 20, 2011 that has no interest rate of KRW 1,50,000 on June 9, 2011; and no KRW 5,00,000 on July 14, 201 shall be KRW 3,00,000 on July 19, 2011.

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