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(영문) 서울중앙지방법원 2015.12.18 2015나41083
사해행위취소
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On August 1, 2007, when the Plaintiff (i.e., the newly issued securities company before the change) invested KRW 500,000,000 to C Co., Ltd. (i.e., “C”) on August 1, 2007, and (ii) takes over KRW 200,000 as the preferred share of the said company, the representative director B of C guaranteed the Plaintiff’s obligation to return the investment amount if the said investment contract is terminated.

B. On January 30, 2009, the Plaintiff terminated the said investment contract on the ground of the violation of C’s investment agreement, and C has the same year.

6. 25. The Plaintiff agreed to pay the principal and interest of 586,835,810 won to the Plaintiff in installments from August 31, 2009 to March 31, 2010.

C. B, on April 20, 2010, borrowed KRW 500,000,000 from the Defendant at an annual interest rate of 10%, and as security, agreed on the Defendant’s share of KRW 400,000 over twice by December 31, 2010.

On April 21, 2010, the defendant paid C KRW 500,000,000 according to the demand of B under the above agreement, and C shall be the same year.

4. 22. The above money was deposited as C’s share payment.

E. Meanwhile, on April 21, 2010, B agreed with the Defendant to set up a collateral on the real estate indicated in the separate sheet (hereinafter “instant real estate”) with respect to the Defendant as to the real estate (hereinafter “the instant real estate”) as indicated in the separate sheet, with a view to securing the above loan obligation, and on the following day, the mortgage establishment registration was completed for the Defendant on the following day, but C did not have the Defendant acquire the remainder of 200,000 common shares on the same day, only because C had the Defendant acquire the said share of 20,000 common shares.

F. As to the instant real estate, the National Bank Co., Ltd. (hereinafter “National Bank”), the maximum debt amount of KRW 455,00,000,000, and the establishment registration of the first mortgage was completed prior to the establishment of the mortgage, which was the debtor D, but the Defendant was cancelled the establishment registration of the mortgage prior to the national bank, and Pu Mutual Savings Bank, P. P.

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