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(영문) 대전지방법원천안지원 2016.09.23 2016가합100594
사해행위취소
Text

1. Of the Plaintiff’s lawsuits against the Defendant Dongyang Co., Ltd., the KRW 158,082,100 among the claims listed in the attached Table 1.

Reasons

1. Basic facts

A. On April 4, 2013, the Plaintiff loaned KRW 500 million to Gwangjudong as of April 2, 2015. (2) On February 24, 2014, the Plaintiff set the maturity of KRW 300 million to the Gwangjudong on July 24, 2015.

B. The occurrence of a claim for the construction price and the acquisition of collateral security against the Mine-dong Co., Ltd. (hereinafter “Bulung-dong”) awarded a contract for the construction of a building of the Hot Spring Funeral Center on the 307-1 and 3 lots of land, i.e., Busan-do, Asan-do. As it was not paid the construction price from the Dulung-dong, it drafted a letter of commitment performance with the following content (hereinafter “instant agreement”) between the Dulung-dong on December 1, 2013 (hereinafter “instant agreement”).

(2) On December 3, 2013, Busan High Military Co., Ltd.: (a) repaid the remainder of KRW 2 billion out of KRW 3 billion established in the first order among the 3 billion loans granted by the No. Dacheon High Military Co., Ltd. (hereinafter “Seoul High Military Co., Ltd.”) shall be paid to Gwangju High Military Co., Ltd. (hereinafter “Seoul High Military Co., Ltd.”) in accordance with the agreement of this case; and (b) Jeju High Military Co., Ltd. (hereinafter “Seoul High Military Co., Ltd.”) immediately after completing the registration of the establishment of the first-class local co., Ltd., the maximum debt amount of KRW 1.7 billion shall be paid to Gwangju High Co., Ltd.; (c) by June 30, 2014, the amount of KRW 1.6 billion shall be paid to Gwangju High Co., Ltd.; and (d) the interest at the end of each month from January 1, 2014 to the end of each month on the ground of the registration of the establishment of each real property in question.

(hereinafter) The registration of the establishment of a neighboring mortgage as the “registration of the establishment of a neighboring mortgage of this case,” and the registered collateral security as the above is the “mortgage of this case”).

Defendant Hodo Construction Project Co., Ltd.

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