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(영문) 대전고등법원 (청주) 2017.03.28 2016나11876
사해행위취소
Text

1.The judgment of the first instance shall be modified as follows:

The defendant and D Co., Ltd. are listed in the separate sheet.

Reasons

1. Basic facts

A. A loan contract between the Plaintiff and D and provisional attachment 1 for the Plaintiff’s instant real estate) between the Plaintiff and D on June 14, 2013, the Plaintiff loaned KRW 100 million (hereinafter “instant loan claim”) by setting the loan amount for business start-up support for the subject of loan, the due date for repayment, the interest rate of June 16, 2016, the rate of 3.92% per annum 12% per annum, and the late payment penalty rate of 12% per annum between the Plaintiff and D (hereinafter “instant loan claim”).

(D) On the same day, D’s representative director F guaranteed D’s debt to D’s Plaintiff on the same day. (2) D paid only the interest of the instant loan to the Plaintiff each month from February 17, 2014 after the instant loan was made, and thereafter did not pay all the principal or interest of the instant loan.

3) On February 5, 2014, the Plaintiff completed the registration of provisional seizure on the same day after receiving a decision of provisional seizure No. 2014Kadan50061 with the amount of credit as to the instant real estate owned by D (hereinafter referred to as “provisional seizure of this case”) from the Cheongju District Court 2014Kadan5061 (hereinafter referred to as “the provisional seizure”).

(B) B. (B) Meanwhile, the Defendant transferred D’s right to obtain a patent on April 15, 2013 to D with respect to “H” at KRW 35 million, and leased KRW 100 million on July 24, 2013.

2) On November 18, 2014, D had the maximum debt amount of the instant real estate amount of KRW 150 million between the Defendant and the Defendant as to the instant real estate (hereinafter “instant mortgage contract”).

2) On the following day, the establishment registration of each of the instant collective security rights was completed by the Cheongju District Court No. 21633 (hereinafter referred to as the “registration of each of the instant collective security rights”).

3) At the time of entering into the instant mortgage contract, the instant real estate was actually solely responsible for the market price of approximately KRW 298,200,000,000,000.

In addition to the debt amounting to KRW 100 million against the plaintiff, the Cheongju District Court was 2013Kahap709 on November 20, 2013.

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