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(영문) 서울중앙지방법원 2016.06.03 2015가합547389
사해행위취소
Text

1.(a)

The name of the real estate in attached Form 1 shall be indicated between the strong A&C Co., Ltd. and the defendant Won.

Reasons

1. Basic facts

A. On August 21, 2009, the Plaintiff entered into a credit transaction agreement with the non-party company and the Plaintiff’s 200 million won (interest rate of KRW 5.1% per annum to the non-party company, ② compensation for delay is less than three months per annum, ② 17% per annum of less than three months, ④ the due date for payment is more than three months, ④ on August 20, 2010. After the due date for payment, the change was made on August 20, 2014, and the non-party company lost its profits as of June 8, 2015. As of July 17, 2015, the amount of the loan that the non-party company did not repay is KRW 134,740,680 per annum to the non-party company, ② the amount of the loan extended to the non-party company and the Plaintiff is less than 136% per annum, ② the amount of the loan extended to the non-party company and 146% per annum.26% per annum.

Since then, the expiration date of the credit period was changed to October 14, 2014, and the non-party company lost the benefit of time on June 24, 2014.

As of July 17, 2015, the principal of the loan that is not repaid by the non-party company is KRW 86,00,000.

3) On May 7, 2012, the Plaintiff entered into a credit transaction agreement with the non-party company and the Plaintiff’s 60 million won with interest rate ① 5.19% per annum, ② the due date for repayment was fixed on May 8, 2013. The maturity was changed to November 11, 2014, and the non-party company lost its interest as of July 8, 2014. As of July 17, 2015, the amount of the loan that the non-party company did not repay is KRW 5,479,524, and the amount of the loan that the non-party company did not repay is KRW 45,479,524. As of July 17, 2015. Ultimately, the Plaintiff’s principal, interest, compensation for delay, and the claim for provisional payment was KRW 267,4389,000 as of July 17, 2015.

B. The non-party company established a contract to establish a right to collateral security of the non-party company (1) is a company that manufactures and sells hardware, etc., and the factory building and its site (each of the instant cases).

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