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(영문) 인천지방법원부천지원 2015.01.15 2013가합2909

사해행위취소

Text

1. The defendant shall pay to the plaintiff KRW 51,00,000 as well as to the day of full payment from the day following the day when this judgment becomes final and conclusive to the day of full payment.

Reasons

1. Facts of recognition;

A. (1) On March 10, 201, the Credit Guarantee Fund entered into an agreement with A on credit guarantee (hereinafter “the instant credit guarantee agreement”) with A to provide credit guarantee (hereinafter “the instant credit guarantee agreement”) with the term “A” as the principal of the credit guarantee and with the term of guarantee from March 10, 201 to March 9, 201. After the said agreement entered into a credit guarantee agreement, the term of guarantee was changed until February 27, 2012 to March 8, 2013. (2) At the time of the instant credit guarantee agreement, A agreed to pay damages for delay, penalty, guarantee fee, expenses, etc. in addition to the amount determined by the Credit Guarantee Fund when the Credit Guarantee Fund fulfills the guaranteed obligation.

3) On March 14, 201, A submitted a credit guarantee statement to one bank and received a loan of KRW 330 million under the pretext of a company’s general loan. (b) On March 21, 2013, A delayed payment of a loan to one bank, resulting in a credit guarantee accident; and (c) one bank filed a claim with the Credit Guarantee Fund for the performance of a guaranteed obligation under the instant credit guarantee agreement.

2) On April 2, 2013, the Korea Credit Guarantee Fund made a sales contract (hereinafter “instant sales contract”) on behalf of the Defendant, who is a child, to sell real estate listed in the separate sheet (hereinafter “instant real estate”) around December 2, 2012. On the other hand, the Defendant completed the registration of transfer of ownership on the said real estate under Article 134606 of the Incheon District Court’s Branch Branch Branch on December 28, 2012. At that time, A had been in excess of its liabilities (affirmative 1,823,750,000 won, passive property 4,059,4205,4845 won, etc.).