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(영문) 인천지방법원 2016.01.13 2014가합55587
사해행위취소 등 청구의 소
Text

1.(a)

Among Defendant A and N, the construction cost claim for Spanco Construction Co., Ltd. is between Defendant A and N.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) Between N and N on October 30, 2009, the Plaintiff extended the loans for small and medium enterprises in the Account title, the credit amount of KRW 1,000,000,000, interest rate of KRW 4.561% per annum as a floating interest rate, and October 29, 2010 as of the expiration date of the credit (finally, the expiration date of the credit was extended until October 25, 2013).

(2) The Plaintiff entered into a credit transaction agreement with N on January 5, 2010, under the said credit transaction agreement, and loaned KRW 1,500,000,000 to N.. under the said credit transaction agreement. (3) The Plaintiff entered into a credit transaction agreement with N on January 5, 2010, and extended KRW 1,50,000 (the credit limit amount was reduced to KRW 1,215,00,000 on January 4, 2013, the credit limit was reduced to KRW 243,00,000 on September 2, 2013), interest rate of KRW 7.194 per annum, and on January 4, 2011 (the expiration date of the credit was extended by January 3, 2014). Under the said credit transaction agreement, the Plaintiff loaned KRW 1,500,000 to N0,00 under the said credit transaction agreement.

3) On February 29, 2012, the Plaintiff entered into a credit transaction agreement with N on February 28, 2012, which is 600,000,000,000 annually, and 6.472% per annum, and 600,000,000 under the said credit transaction agreement. (4) As of May 14, 2012, the Plaintiff loaned N with N the loans to small and medium enterprises in the account, 40,000,000, annual interest rate of 9.196%, and 9.196% on December 3, 2012 (finally, the expiration date of the credit was extended until August 15, 2013). Under the said credit transaction agreement, the Plaintiff loaned 400,000,00 N under the said credit transaction agreement.

5) As between N and N on August 16, 2012, the Plaintiff extended loans to small and medium enterprises in the Account subject, credit amount of KRW 1,000,000,000, interest rate of KRW 10.5% per annum, and February 15, 2013 (the expiration date was extended until August 15, 2013).

(6) On April 8, 2013, the Plaintiff entered into a credit transaction agreement and loaned 1,000,000,000 won to N in accordance with the said credit transaction agreement. (3) On April 8, 2013, the Plaintiff first interest rate as a fluctuation rate.

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