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(영문) 서울서부지방법원 2018.12.12 2017가합36567
사해행위취소
Text

1. It was concluded on March 28, 2016 with respect to one-half shares of the real estate indicated in the separate sheet between the Defendant and B.

Reasons

On May 25, 2012, the Plaintiff loaned KRW 300 million to C Co., Ltd. (hereinafter “C”) at the rate of fluctuation based on the interest rate for one year of maturity and six months of financial bonds (hereinafter “instant first loan”), and C repaid KRW 50 million out of the principal on May 2, 2015, and thereafter extended several times of maturity, the principal amount of the instant first loan was changed to KRW 250 million and the maturity date was May 19, 2017.

B (C’s representative director) concluded a contract on May 25, 2012 with the Plaintiff on the first loan obligation of this case to the extent of KRW 72 million.

On February 3, 2015, the Plaintiff lent KRW 500 million to C on February 3, 2016, based on the interest rate of six-month financial bonds (hereinafter “instant second loan”), and C repaid KRW 160 million out of the principal on August 4, 2016, and thereafter extended the due date and changed the interest rate. The amount of the second loan was changed to KRW 340 million in the principal amount of the instant loan and KRW 340 million in the due date, and the interest rate was 6.63% per annum.

B entered into a contract on February 3, 2015 with the Plaintiff on the second loan obligation of this case within the limit of KRW 600 million.

B on March 28, 2016, the Defendant, his wife, donated 1/2 of E Apartment 102 Dong 1803 (hereinafter “instant apartment”) located in Mapo-gu Seoul, Mapo-gu (hereinafter “instant apartment”), and on March 31, 2016, the registration of the transfer of co-ownership based on the said gift was completed.

C In May 2017, although the due date for loans Nos. 1 and 2 of this case has arrived, C failed to repay the loan obligations. Since May 2017, the Credit Guarantee Fund paid 200 million won to the principal of the loan out of the first loan obligations of this case and paid 200 million won on behalf of the Credit Guarantee Fund, the principal of the loan remaining after the loan No. 1 of this case is KRW 50 million.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 (including a provisional number; hereinafter the same shall apply) through 4, the purport of the whole pleadings.

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