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(영문) 서울동부지방법원 2014.01.24 2013가단8176
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 28, 2009, the Plaintiff leased KRW 150 million to Nonparty C with interest rate of KRW 3% per month. On May 28, 2009, the Plaintiff was issued with a promissory note No. 150 million per face value and the due date on May 27, 2010.

If the Plaintiff’s debt repayment of KRW 229,152,00,00 from the above loan credit was made on August 7, 2012 to the interest rate of 30%, which is a limitation under the Interest Limitation Act, is appropriated, the balance of the loan credit as of August 7, 2012 is 64,724,00 won as of May 28, 2009, 150,000 won as the loan principal of KRW 64,724,00,00 per annum 30% per annum from May 29, 2009 to August 7, 2012, and damages for delay calculated annually as 143,876,00 won as of May 29 to August 7, 2012, 200 won / total of principal and interest of KRW 293,876,00 / interest of KRW 2292,152,000.

B. On December 19, 201, the Plaintiff extended 30 million won to C with interest rate of 3% per annum from December 19, 2011, and additionally lent 22 million won to the Plaintiff on September 1, 2012, with interest rate of 30%, which is the limitation under the Interest Limitation Act, if the Plaintiff appropriated 14,361,00 won with interest rate of 14,361,00 won with interest rate of 14,361,00 won per annum from December 19, 201 to September 1, 2012, the balance of the loan claims as of September 1, 201 is the interest rate of 30% per annum from December 19, 201, 6,361, total of 361,000 won per annum, 36,361, 361, 300, 200 won per annum, 2003 won per annum.

C. At the time, the Defendant, as his spouse, provided C with the real estate indicated in the attached list owned by C (hereinafter “the instant real estate”) and 2,700 square meters of the D factory site in Nam-si, Namyang-si, the Defendant owned by the Defendant, as joint collateral, with the joint collateral of 275 square meters and 3,482 square meters of the E road (hereinafter “the instant factory site, etc.”) regarding the instant land, etc. and the instant real estate, and completed registration of establishment of mortgage over the instant land, etc. with regard to the instant land, etc. on August 29, 2008, the Defendant completed registration of establishment of mortgage over the instant land, etc. with the maximum debt amount of 720 million won on August 29, 2008.

A debtor shall not pay the secured debt of the Nonghyup.

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