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(영문) 대전지방법원 천안지원 2018.01.19 2016가합101023
사해행위취소
Text

1.(a)

On August 12, 2015, the Defendant and C shall indicate each real estate indicated in “the indication of the attached real estate” between the Defendant and C.

Reasons

1. Basic facts

A. On October 5, 2012, the Plaintiff entered into a loan transaction agreement with C (hereinafter “C”) with the terms and conditions that loans worth KRW 500 million and that are to be repaid until September 15, 2015 (hereinafter “the foregoing loan transaction agreement”). (b) After September 15, 2015, the Plaintiff entered into a loan transaction agreement with C (hereinafter “the loan transaction agreement”) with C as of September 15, 2015 to receive KRW 50 million out of the loans under the loan transaction agreement as of October 5, 2012, and to extend the repayment date of KRW 450 million,000,000,000,000 for the remainder of KRW 450,000,000,000,000 as follows (hereinafter “the loan transaction agreement”).

- Loan subjects: Enterprise working capital - Date of loan: September 15, 2015 - Amount of loan: KRW 450 million - due date: December 15, 2015 - Interest rate: 9.56% per annum - Rate of delay penalty: within the maximum of 15% per annum calculated by adding additional interest rates to interest rates, etc.

C. As of March 11, 2016, the balance of the principal and interest of a loan under a loan transaction agreement held by the Plaintiff against C as of September 15, 2015 is KRW 479,884,698 in total ( principal amounting to KRW 450,00,000, interest and delay damages amounting to KRW 29,84,698; hereinafter “instant loan claim”).

On the other hand, on August 12, 2015, C entered into a sales contract with the Defendant to sell each of the instant real estate listed in “the indication of each of the instant real estate” owned by C (hereinafter “instant real estate”) at KRW 2.41 billion (hereinafter “instant sales contract”) with the Defendant, and completed the registration of ownership transfer for each of the instant real estate on September 17, 2015.

E. At the time of August 12, 2015, which was the date of the instant sales contract, the sum of the maximum debt amount and KRW 2.14 billion ( KRW 480 million, KRW 1.26 billion) on each of the instant real estate is below the first, third, and fifth priority collective security rights.

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