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(영문) 창원지방법원마산지원 2017.06.28 2016가합100850
사해행위취소
Text

1. The Defendants and Nonparty C concluded on September 24, 2015 with respect to each of the respective real estates listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff and D Co., Ltd.’s loan contract and D Co., Ltd.’s joint guarantee 1) Plaintiff on November 27, 2014 (hereinafter “Nonindicted Company”).

(1) A loan agreement between the principal and interest shall be a loan agreement between the principal and interest (hereinafter referred to as “instant loan agreement”) with a loan amount of KRW 498,00,000, interest rate of KRW 3.86% per annum (12% per annum), and for two years, to repay the principal and interest by equal division method on the repayment date in accordance with the schedule of repayment of principal

(2) On the same day, the Plaintiff paid 498,00,000 won to the non-party company pursuant to the loan agreement of this case. At the time, C provided joint and several guarantee to the non-party company within the limit of 597,60,000 won for the principal and interest of the loan of this case.

B. According to Article 6 subparag. 1 of the Plaintiff’s basic terms and conditions of loan included in the terms and conditions of the loan agreement of this case, where the non-party company fails to pay part of the Plaintiff’s debt to the Plaintiff, the non-party company would naturally lose the benefit of all obligations to the Plaintiff without notifying the Plaintiff of demand. However, the non-party company did not pay the principal and interest expected to be paid from November 27, 2015, thereby losing the benefit of all obligations under the loan agreement of this case.

C. On September 24, 2015, C, including a sales contract between C and the Defendants, concluded each sales contract for one-half share of each of the respective real estate listed in the separate sheet (hereinafter “each of the instant real estate”) with the Defendants (hereinafter “each of the instant real estate”). On September 24, 2015, the Defendants completed each of the ownership transfer registration corresponding to each of the instant shares (hereinafter “each of the instant shares transfer registration”) with the Changwon District Court’s receipt on September 24, 2015.

On the other hand, at the time of entering into each of the instant sales contracts, each of the instant real estates was registered as the establishment of each of the following:

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