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(영문) 서울중앙지방법원 2018.07.27 2017가합559010
사해행위취소
Text

1. A sales contract concluded on October 15, 2015 with regard to real estate listed in the separate sheet between the Defendant and B is 310,206.

Reasons

1. Facts of recognition;

A. In accordance with a credit transaction agreement, the Plaintiff lent KRW 450,000,000 to B as listed below, and the debt balance not repaid as of July 5, 2016 is the total amount of KRW 69,601,903.

(1) The Plaintiff’s loan contract between B (hereinafter “instant loan contract”). The Plaintiff’s loan contract between B (hereinafter “instant loan contract”). The amount of the loan extended on October 27, 2014 (won) shall be 400,000,000,000 on March 25, 2016, March 25, 2016, 50,000 on November 17, 2015, 200:

B. B jointly and severally guaranteed to the Plaintiff the total amount of KRW 360,00,000, out of KRW 930,000,000 of the loans owed by C (hereinafter referred to as “stock company”) under a credit transaction agreement as listed below. Accordingly, the debt balance not repaid as of July 5, 2016 is KRW 299,954,479, based on the principal amount.

(1) The amount of the loan extended on September 15, 2011, 200, the amount of the loan extended on September 24, 2014; 120,000,000 on September 24, 2016; 20,000,000 on November 11, 2014; 30,000,000,000,000 on November 60, 200, 40,000; 30,000,000,000 on 11, 206; 30,000,004, 479, 30,000, 479, 30,000, 10,000 on April 15, 2015;

C. With respect to the Plaintiff’s claim under the instant loan agreement and joint and several liability agreement, B delayed payment of interest from January 27, 2016, and C also delayed payment of interest on the Plaintiff’s loan since February 15, 2016.

Accordingly, B lost the benefit of the term of the instant lending contract and the joint and several guarantee contract.

The Defendant lent KRW 170 million to B on February 21, 2014, KRW 30 million on September 2, 2014, KRW 20 million on September 5, 2014, KRW 50 million on September 15, 2014, and KRW 170 million on September 15, 2014.

E. B: October 15, 2015.

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