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(영문) 광주고등법원 2019.04.26 2018나23918
사해행위취소
Text

1. The plaintiff succeeding intervenor's lawsuit against the defendants is dismissed in entirety.

2. The total cost of the lawsuit is assessed against the plaintiff succeeding intervenor.

Reasons

1. Basic facts

A. A) On December 12, 2014, the Plaintiff entered into a loan agreement with the Plaintiff on December 12, 2014 (hereinafter “instant loan agreement”). Around the land listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”), which is a rehabilitation care hospital, the Plaintiff entered into a loan agreement (hereinafter “instant loan agreement”) with the Plaintiff to lend funds necessary for the construction of new buildings listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant building”), which is a rehabilitation care hospital (hereinafter “instant land”).

The main contents of the first loan agreement of this case are as follows.

- The maximum amount of loans: 2.5 billion won (the loans shall be paid in installments on the basis of the beginning height of the building of this case) - Interest: The monthly payment according to the fluctuation rate : The repayment of principal from three years to three: the repayment of principal in equal installments) the Plaintiff shall make loans under the first loan contract of this case to I (hereinafter “the first loan of this case”).

(2) On December 12, 2014, the Plaintiff paid KRW 2.5 billion in total, including KRW 60 million on January 21, 2015, KRW 1.56 billion on April 1, 2015, and KRW 2.5 billion on April 1, 2015.2) as between I and April 1, 2015, the credit limit amount for the same purpose as the instant loan contract, as the instant loan contract, is KRW 2.1 billion (payment in installments according to the base value of the instant building); interest shall be paid each month according to the interest rate; principal shall be paid each month according to the loan agreement with KRW 2.1 billion on equal installment (hereinafter “instant loan agreement”).

(B) The Plaintiff concluded a loan under the instant second loan contract (hereinafter “instant second loan”) with the amount of KRW 110 million on April 1, 2015, including the instant first loan, KRW 80 million on May 7, 2015, KRW 290 million on June 17, 2015, KRW 1.9 billion on July 15, 2015, KRW 40 million on July 15, 2015, and KRW 300 million on September 24, 2015.

B. The mortgage contract between I and the Defendants B, C, D, E, F, and G (hereinafter the above Defendants together referred to as “Defendant B, etc.”) is concluded.

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