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(영문) 서울중앙지방법원 2012.11.14 2012가합9343
사해행위취소 등
Text

1. The Defendant registered the Seoul Central District Court’s registration office on each of the arrival points listed in the separate sheet 1 through 9 to the Plaintiff.

Reasons

1. Basic facts

(a) The loan of the C&W Han River Co., Ltd. and the Plaintiff’s credit acquisition 1) Korea Capital Co., Ltd. (hereinafter “Korea Capital”);

2) On June 19, 2006, C&W City Co., Ltd. (hereinafter “C&W City”).

) The loan was made by setting KRW 12,000,000 at 60 months from the date of repayment of the loan, interest rate of KRW 8.8% per annum, and damages for delay at 25% per annum. At the time of the loan, C&C was set up as a collateral for the above loan obligations with the first priority on eight vessels owned by C&C to C&C and set up a collateral on the first priority on the eight vessels owned by C&C, and each set set out in [Attachment 1 to 9] set out in [Attachment 1 to 9] owned by C&C.

2) On June 19, 2006, the Plaintiff concluded a mortgage contract with a maximum debt amount of KRW 4,500,000 and KRW 13,200,000 with a collateral amount of KRW 4,50,000 with respect to the eight vessels owned by C&Wland, and the mortgage contract with a mortgagee of the right to collateral security was concluded with a set of KRW 13,200,000 with respect to the first to nine vessels of this case, and the Republic of Korea Capital received delivery of the first to nine vessels of this case by means of the amendment of possession.

3) On February 28, 2007, Korea Capitalnb and C&W made repayment of KRW 4,500,000 out of the above loans, and the remainder of the loans amounted to KRW 7,500,000,000, and entered into an amendment loan agreement with the same terms and conditions as the above loan agreement, and entered into an additional modified loan agreement on February 6, 2009, and finally, on March 29, 2010, entered into an amendment loan agreement with the maturity of KRW 4,611,734,264 on November 24, 2010 as well as interest rate of KRW 8.5% on June 19, 2006.

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