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(영문) 대구지방법원 2017.06.02 2016가합206226

사해행위취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) Around November 2013 and October 2014, the Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (hereinafter “instant credit guarantee agreement”) and issued a credit guarantee agreement with the following [Attachment], and B jointly and severally guaranteed C’s obligations under the instant credit guarantee agreement.

Meanwhile, while entering into the instant credit guarantee agreement, C, a corporation, in addition to the amount of the performance of the guaranteed obligation when the Plaintiff performed the guaranteed obligation, required to pay all incidental expenses, such as delayed payment under the agreement and the legal procedure expenses paid by the creditor

(2) On November 28, 2013, the date of guarantee of KRW 135,00,000 as of the date of guarantee of KRW 135,000,000, the Bank of Korea Guarantee Number 270,000,000, the Bank of Korea Guarantee Co., Ltd., Ltd., Ltd., Co., Ltd., Ltd., as the primary debtor of the Agreement No. 1 Arrangement 2 (Change to October 6, 2016) (2) On October 27, 2014, Co., Ltd. entered into the instant credit guarantee agreement and received loans of KRW 450,00,000 in total, including KRW 150,00,000, pursuant to the Agreement No. 1500,000 pursuant to the Agreement.

(3) On February 12, 2016, a credit guarantee accident occurred due to the natural body of C, a stock company, and the Plaintiff, on June 15, 2016, paid the Bank totaling KRW 412,221,850, by subrogationing C, a total of KRW 412,221,850, etc. to B as of the above date.

Classification 1 Arrangement 2 Arrangement 1 ① Amount of 274,843,490 won, 137,378,360 won, 2. Amount of 741,762 won, 794,090 won, 3.00 won, 203 won, 217 won, 41,838,419 won, 203 won, 203 won, 41,838,419

B. A change in ownership on the registry of the instant real estate (1) B was transferred to the Daegu District Court’s Cheongdo Office of Registry on December 5, 2014 due to sale and purchase on December 5, 2014, as the receipt of No. 24051, Dec. 11, 2014.

(2) The defendant.