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(영문) 광주지방법원 2018.07.12 2017가합53946
사해행위취소
Text

1. The building indicated in the separate sheet between Defendant B, C, D, E, F, and G and I is each concluded on May 17, 2016.

Reasons

1. Basic facts

A. (1) (A) The Plaintiff concluded a loan agreement with the Plaintiff on December 12, 2014 with a view to lending funds to construct new buildings listed in the separate sheet (hereinafter referred to as “instant building”, which are rehabilitation care hospitals, on the Nam-gu Seoul Special Metropolitan City J 70.9m2 (hereinafter referred to as “instant land”) owned by the Plaintiff, in addition to the instant land. On December 12, 2014, the amount of credit limit between the Plaintiff and the Plaintiff was KRW 2.5 billion (the loans are paid in installments according to the fixed value of the instant building); interest paid each month according to the changed interest rate; and the principal was repaid in equal installments from three years thereafter.

(B) (B) The Plaintiff paid to I a total of KRW 2.5 billion, including KRW 70 million on December 12, 2014, KRW 1.56 billion on January 21, 2015, and KRW 2.5 billion on April 1, 2015, with the loans under the instant loan contract (hereinafter “instant first loan”).

(2) (A) On April 1, 2015, the Plaintiff entered into a loan agreement with I and the credit limit amount of KRW 2.1 billion for the same purpose as the instant loan agreement (the loans are paid in installments according to the base height of the instant building); interest shall be paid monthly according to the changed interest rate; and principal shall be repaid in equal installments after three years.

(B) (B) The Plaintiff paid I a total of KRW 1.9 billion on April 1, 2015, KRW 100 million, KRW 700,000,000,000 on May 7, 2015, KRW 290,000,000 on June 17, 2015, KRW 400 million on July 15, 2015, and KRW 300,000 on September 24, 2015.

(3) From July 12, 2016, I lost the benefit of time due to the payment of interest, etc. on each of the instant loans from around July 12, 2016, and as of May 10, 2017, the principal and interest on each of the instant loans as of May 10, 201 = KRW 4,645,736,212 = Principal and interest on each of the instant loans 2,62,382.

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