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(영문) 인천지방법원 2017.09.15 2017가합54691
사해행위취소
Text

1. Defendant B:

(a) 300,000,000 won and its equivalent monthly from July 26, 2011 to May 31, 2017

Reasons

1. Determination as to the claim against the defendant B

A. The following facts are acknowledged: (a) KRW 300 million and the part concerning the claim for damages for delay thereof; (b) the Plaintiff and the Defendant did not conflict; or (c) the overall purport of the entries and arguments in the evidence Nos. 1, 2, and 4 through 6 may be comprehensively considered; and (d) Defendant B, around August 17, 2010, shall each of the following contents (hereinafter “each of the instant statements”) to the Plaintiff:

1) Defendant B, while borrowing KRW 300 million from the Plaintiff, made a promise as follows; Defendant B, on January 1, 2000, deposited KRW 12 million with the principal and interest KRW 2 million per month; provided, however, that the principal KRW 10 million is sought and implemented with the thickness of the president to deposit from the beginning of the work after the machinery and equipment.

2) Interest KRW 2,00,000 shall be deposited from the date of loan. 2.4 months after the lapse of 24 months, both principal and KRW 60 million shall be deposited. ② Defendant B borrowed KRW 300,000 from the Industrial Bank of Korea on August 23, 2010 at the interest rate of KRW 5.87% per annum, and on August 23, 2011 at the expiration date of loan, the Plaintiff jointly and severally guaranteed the Defendant B Bank’s loan obligation. ③ Defendant B failed to repay the above loan obligation to the Industrial Bank of Korea, and the Plaintiff paid the principal KRW 30,000,000 to the Industrial Bank of Korea on July 25, 2011, it is reasonable to deem that each of the above loans was not a joint and several surety loan obligation of KRW 301,544,390,000,000 to the Industrial Bank of Korea, which is a joint and several surety loan obligation of KRW 30,000,00.

Upon the request of the defendant B, the Bank of Korea has borrowed its loans.

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