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(영문) 대구지방법원상주지원 2015.06.10 2013가단5243
사해행위취소 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On March 9, 1994, Defendant B prepared and issued a loan certificate with the content that Defendant B borrowed KRW 90 million from the Defendant as interest rate of KRW 2% per month and as of November 30, 1998 (hereinafter “the loan certificate of this case”).

B. On June 28, 2013, Defendant B entered into a donation agreement with Defendant C to donate each of the real estate listed in the separate sheet against Defendant C (hereinafter “each of the instant real estate”). On July 2, 2013, Defendant C completed the registration for transfer of ownership as to each of the instant real estate as the receipt of the registration office of the Daegu District Court in the Daegu District Court No. 9898 on the ground of the said donation.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 3, Gap evidence 7-1, Gap evidence 10-1, Gap evidence 11-1, and the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the plaintiff's assertion 1) The plaintiff filed a claim for the principal and interest of the loan against the defendant B from around 1992 upon the request of the defendant B from around 192 to pay the debt of the defendant B on behalf of the defendant B or provide financial support to the defendant B. The plaintiff and the defendant B settled the expenses incurred by the plaintiff in the repayment of the above debt or financial support, and the defendant B agreed to pay the above expenses. On the same day, the defendant B made an agreement that the plaintiff will pay interest of KRW 90 million from the plaintiff on November 30, 1998, and set the loan certificate of this case as interest rate of KRW 20 million from the plaintiff on the same day, and set up and borrowed the loan certificate of this case to the plaintiff on November 30, 1998, the registration of creation of a mortgage over the maximum debt amount of KRW 95 million with respect to the real estate owned by the defendant B (hereinafter

As soon as possible, it has been completed.

However, Defendant B paid part of the interest on the loan principal, and did not pay the loan principal, interest accrued for a long period of time, and delay damages.

Accordingly, the Plaintiff is the Defendant.

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