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(영문) 광주지방법원해남지원 2020.08.11 2019가단201829
사해행위취소
Text

In August 1, 2018, the comprehensive transfer contract between the defendant and C on D-solar power plant business rights concluded on August 1, 201, 101,735.

Reasons

1. Basic facts

A. On June 25, 2015, C has run solar power generation projects by supplying the produced power to the Korea Power Exchange with the trade name, “Dsolar power plant,” which is located within 6,817 square meters in Jeonnam-do E-do, Jeonnam-do (hereinafter “instant land”) with the permission from the Jeonnam-do Governor for solar power generation projects.

B. C was granted loans from the Plaintiff, as set out in Nos. 1 through 4 below, KRW 680 million on August 25, 2015, KRW 13 million on November 9, 2016, KRW 20 million and KRW 100 million on December 4, 2017, respectively.

On the other hand, F Co., Ltd. (hereinafter “F”) obtained a total of KRW 2.832 billion from the Plaintiff as indicated below, as set out in Nos. 5 through 11, and C, a representative director of F, guaranteed the Plaintiff the obligation to return the loan principal and interest and the credit card use amount. As described in No. 12, C, a representative director of F, guaranteed the obligation to the Plaintiff to return the loan principal and interest and the credit card use amount.

C. On August 1, 2018, the Defendant, as referred to C and C, entered into a comprehensive transfer contract with the Defendant to transfer to the Defendant all rights including the instant land and solar power generation business license (hereinafter “instant business license”).

(hereinafter “instant transfer contract”). D.

Meanwhile, at the time of the conclusion of the transfer contract of this case, C’s active property amounting to KRW 637,101,600,000 for the instant land and its ground machinery and equipment (hereinafter “this case’s apartment complex”) and KRW 160,000,000 (=320,000,000 x C’s equity 1/2). The total value of active property was KRW 797,101,60 (i.e., KRW 637,101,60,000) and KRW 2905,298,000,000,000 as indicated in the following [Attachment].

- the Schedule -.

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