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(영문) 서울서부지방법원 2016.06.08 2015가합34611
사해행위취소
Text

1. B on April 17, 2012, the par value of which is three billion won per the defendant, the payee, the defendant, the place of issuance, the place of payment, and the place of payment for the defendant.

Reasons

1. Facts of recognition;

A. The plaintiff of the parties, etc. is a company that lent money to C, and the defendant is a person who lent money to D, and B is the wife of C.

B. From October 28, 2008 to May 11, 2009, the Plaintiff loaned a total of KRW 7.7 billion to C on March 10, 2010 due date and at 24% per annum from May 14, 2009. The Plaintiff jointly and severally guaranteed the Plaintiff’s above loan obligations against the Plaintiff on May 14, 2009.

On October 29, 2008, the Plaintiff created a joint collateral security (hereinafter “joint collateral security”) of KRW 2.489 billion with respect to each land and H-ground building located in Namyang-si, E, F, G, H, I, and J on October 29, 2008, and subsequently, obtained a joint collateral security (hereinafter “joint collateral security”) of KRW 8.4 billion with respect to each land and H-ground building located in the Republic of Korea, E, F, G, H, I, and J on May 7, 2009.

C. The Defendant issued a promissory note against the Defendant in B, from November 25, 2004 to August 23, 2007, lent a total of KRW 3.1.4 billion to D, and B, on April 17, 2012, issued the Promissory note in this case with a face value of KRW 3.1 billion to the Defendant, the payee, the Defendant, the place of issuance, the place of payment, and the place of payment, Gyeonggi-do, and the place of payment, respectively, and the place of payment, the date of payment, and the place of payment, a notary public’s delay in the payment of the said Promissory Notes to the holders of the Promissory Notes in accordance with No. 237 of the Certificate of Fame No. 2012, the said Promissory Notes were immediately subject to compulsory execution.

B’s property status in B shall be active property as at the time of the issuance of the instant promissory note: ① 3,05 square meters in K in Yangyang-si, Namyang-si, and 1,620 square meters in L (the publicly announced land: 725,00 square meters in each case); ② 1,161 square meters in forest land in Namyang-si, Namyang-si (294,000 square meters in each case); ③ O, Q 304, 1503 square meters in each case; ④ 47,306 square meters in land in Jeonyang-gun, Nam-gun, Nam-si, Namyang-si, Namyang-si; ④ 596,47306 square meters in total land value: 705.5 won in each case.

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