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(영문) 대전지방법원천안지원 2019.01.25 2017가합102740
사해행위취소
Text

1. As to the real estate listed in the annex 1 list

A. It was concluded on April 11, 2017 between D and Defendant Company B.

Reasons

1. Basic facts

A. The Plaintiff and E and D’s obligation 1) The Plaintiff is the E Co., Ltd. (hereinafter “E”) on May 29, 2015.

(B) A credit transaction agreement was concluded with the credit limit of KRW 1,00,000,000, and the credit rate of KRW 1,000,000 on May 29, 2016 as of May 29, 2016, and the interest rate of KRW 5.186% on December 12, 200 and lent KRW 1,00,000. The credit termination date and the credit interest rate of KRW 1,00,00 on July 3, 207 were finally changed several occasions, and the credit interest rate of KRW 11.413% on December 12 (hereinafter “the first loan transaction”).

(2) On May 29, 2015, the Plaintiff signed a credit transaction agreement with the E as KRW 1,000,000,000, and until November 29, 2015 on the expiration date of the credit, and lent KRW 1,000,000 to E as the credit limit of KRW 1,00,000,000. Since then, the expiration date of the credit was changed and the credit interest rate was 850,00,000,000 on July 3, 2017, and the credit interest rate was 196% on March 20.

(2) On April 11, 2017, D Co., Ltd. and Defendant B completed the registration of ownership transfer as of April 28, 2017, as of April 19, 2017, as of April 19, 2017, E’s representative director D entered into a joint and several guarantee agreement with the Plaintiff for each loan transaction Nos. 1, 2, 3, and 4,000,000. On April 14, 2017, Daejeon District Court Decision No. 39563, Apr. 19, 207, E completed the registration of ownership transfer as of April 1, 2017.

2 E entered into a mortgage contract with Defendant C on April 17, 2017 with regard to each of the real estate listed in the separate sheet No. 3, and the maximum amount of debt shall be the Daejeon District Court’s 8291, Apr. 18, 2017.

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