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Reasons
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(영문) 울산지방법원 2018.08.23 2017가합22212
사해행위취소
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1. The sales contract concluded on July 14, 2015 between the Defendant and C with respect to each real estate listed in the separate sheet is 423,359.

Reasons

1. Basic facts

A. The Plaintiff’s joint and several liability claim 1) is a person who is engaged in credit business under the trade name “D” from December 21, 2004 to December 31, 2009. The Plaintiff agreed to lend KRW 300 million to E on August 16, 2006 with the due date set as August 21, 2006, and to be paid damages for delay calculated at the rate of 48% per annum after the due date (hereinafter “the principal and interest on the instant loan”).

(2) On August 21, 2006, the Plaintiff demanded E to prepare a notarial deed in order to secure title of the principal and interest of the instant loan. On the same day, E prepared a notarial deed of monetary loan loan contract (No. 1041 of 2006, a notary public prepared by the law firm F) with the maturity of KRW 400 million on August 28, 2006. In this case, C (E) and G jointly and severally guaranteed all the principal and interest of the instant loan to the Plaintiff while guaranteeing the said notarial deed’s debt.

3) Thereafter, from August 22, 2006 to April 25, 2008, E repaid a total of KRW 247,50,000 to the Plaintiff, and from November 2008 to May 2017, 201, G repaid a total of KRW 142,041,727 to the Plaintiff. The repayment amount was fully appropriated for damages for delay from May 21, 2009 to May 21, 2017. 4) The Plaintiff filed a lawsuit against E and C seeking a balance of the principal and interest on the instant loan from the day following the day when the lawsuit of this case was pending to April 25, 2008 (E and C were jointly and severally paid 30 million to the Plaintiff, and from May 22, 2009 to May 22, 2009 to 301, 204% of the annual interest rate of KRW 41,714% per annum from the day after the day when the lawsuit of this case was pending 20.

B. The circumstances before entering into a sales contract for the instant real estate 1 C are as follows: (a) KRW 200 million at H association on April 2, 2004.

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