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(영문) 서울고등법원 2014.02.07 2012나103198
사해행위취소 등
Text

1. Of the judgment of the court of first instance, the part concerning the attachment on the attached list 10 shall be revoked;

The defendant is attached to the plaintiff.

Reasons

1. Basic facts

A. The loan to Korea Capital Co., Ltd. and the Plaintiff’s credit acquisition 1) Korea Capital Co., Ltd. (hereinafter “Korea Capital”);

2) On June 19, 2006, C&W City Co., Ltd. (hereinafter “C&W City”).

) 12,00,000 won was each set of 60 months from the date of repayment of the loan, 8.8% per annum, and 25% per annum from the date of repayment of the loan. At that time, C&Wland set up a collateral on eight vessels owned by C&Wland as collateral for the above loan obligations, and set up a collateral security in the first priority on eight vessels owned by C&Wland, and as collateral for the aforementioned loan obligations, he/she also set up a mortgage on eight vessels of C&Wnland in the first priority on each other, and as a be set up in the first priority on all 8 vessels of C&Wnland, he/she is the starting place of the C&W Islands owned by C&W Islands, judo, judo’s glusium, dolusium, dolusium, dolusium, dolusium, dolusium, dolusium, dolusium, dolusium, dolusium, J.

(2) On June 19, 2006, Korea Capitalnb and C&A entered into a mortgage contract with a maximum debt amount of 4,500,000,000 won for eight vessels owned by C&A, and a mortgage contract with a mortgagee of Korea with a value of 13,200,000,000 won for the subject matter of this case. Korea Capital and C&A entered into a mortgage contract with a value of 13,20,000,000 won for the subject matter of this case. Korea Capital and C&A received delivery of the subject matter of this case by means of possession amendment.

3. On February 28, 2007, 3 C&W made repayment of KRW 4,500,000 among the above loans, and the remainder of the loans was KRW 7,500,000,000 and entered into an amendment loan agreement with the same terms and conditions as the above loan agreement, and entered into an additional amendment loan agreement on February 6, 2009, and finally, on March 29, 2010, the repayment period of KRW 4,611,734,264, the outstanding principal, due date of repayment of KRW 4,61,734,264, and interest rate of KRW 8.5% per annum.

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