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(영문) 전주지방법원 남원지원 2017.04.26 2016가단1473
사해행위취소
Text

1. On December 23, 201, between the Defendant and the Intervenor joining the Defendant, as to the portion of 1/8 square meters out of C forest land 15,657 square meters in South Won-si.

Reasons

1. Determination on the claim for revocation of fraudulent act

A. 1 Determination as to the cause of the claim (A) The Dual Capital Co., Ltd. (hereinafter “Dual Capital”) loaned KRW 25 million to D Co., Ltd. (hereinafter “Nonindicted Company”) at the interest rate of 19.5% per annum, interest rate of 29% per annum, interest rate of 29% per annum, and period of loan from August 25, 201 to July 25, 2014; and KRW 922,750 per month from August 25, 2011 to July 25, 2014. The Defendant jointly and severally guaranteed the above obligation of the Defendant Company.

B) As the non-party company did not pay the remainder by paying only the installment for repayment up to 10 times, the second-party company filed an application with the non-party company and the defendant joining the defendant for the payment of the above loan obligation under the Gwangju District Court 2012 tea2061. The judicial assistant officer of the above court issued an order on August 16, 2012 to the effect that "the non-party company and the defendant joining the defendant jointly and severally paid to the plaintiff 25 million won and 20,037,60 won with the interest of 29% per annum from August 9, 2012 to the day of full payment, the above payment order was finalized as of September 22, 2012, and the second-party defendant transferred the above notice to the defendant joining the defendant on June 24, 2016 to the non-party company and the defendant, and that the defendant transferred the above notice to the plaintiff on June 28, 2016."

(E) After having succeeded on October 12, 2001 and completed the registration of ownership transfer on September 29, 2008, the Defendant’s Intervenor entered into a donation contract with the Defendant who is one’s own partner and transferred the instant real estate to the Defendant (hereinafter “instant donation contract”) on December 23, 201, and on the same day, the Defendant entered into the instant donation contract with the Defendant on the same day.

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