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(영문) 대구지방법원 2018.09.05 2018나302917
사해행위취소등
Text

1.On the claim that this Court alters in exchange:

A. Attached list between the defendant and E.

Reasons

1. Basic facts

A. On March 8, 2016, the Plaintiff sold each Co., Ltd. E (hereinafter referred to as “E”)’s respective lebane worth of KRW 14,597,000, and KRW 594,000 on April 14, 2016.

On October 6, 2016, the Plaintiff filed a lawsuit against E seeking payment of unpaid portion of the price of the goods as Daegu District Court No. 2016 Ghana448, and filed a claim against E, and on October 6, 2016, the Plaintiff received a decision of performance recommendation that “E shall pay to the Plaintiff 11,191,000 won and the interest rate of 15% per annum from October 13, 2016 to the date of full payment.” The said decision of performance recommendation was finalized on October 27, 2016.

B. On June 10, 2016, E shall purchase each real estate listed in the separate sheet (hereinafter “instant real estate”) from F Co., Ltd. (hereinafter “Nonindicted Company”) on June 10, 2016, 260.6/1153 of the value of each real estate indicated in the separate sheet, G road 1,153 square meters, 375/2514 of the value of H road 1,446 square meters, 375/2514 of the value of one road, 375/2514 of the value of one road, 375/2514 of the value of 98 square meters of J road, 375 of the value of one road, and 375/2514 of the value of the said real estate, and completed the registration of ownership transfer on August 9, 2016.

E on August 9, 2016, with the joint collateral of each of the above real estate as joint collateral, completed the registration of creation of a mortgage of KRW 1.02 billion to L Co., Ltd.

C. On August 9, 2016, E concluded a mortgage agreement with the Defendant regarding the instant real estate with a maximum amount of KRW 1.3 billion (hereinafter “instant mortgage agreement”). On August 16, 2016, Daegu District Court’s registration office (25292), the establishment registration of the instant mortgage agreement was completed on the ground of the instant mortgage agreement with the Defendant.

E’s standard balance sheet on December 31, 2015, as of December 31, 2015, the total assets amounting to KRW 2,178,742,130, total assets amounting to KRW 1,449,385,302, total assets amounting to KRW 3,117,327,131, total assets amounting to KRW 3,117,327,131, total assets amounting to KRW 2,376,47,890.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, and 6 (if available, including branch numbers; hereinafter the same shall apply), Eul 1, 2, and 1.

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