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(영문) 대전지방법원홍성지원 2017.08.30 2016가단6187

사해행위취소

Text

1.(a)

Attached Form

As to the 2/3 share of the real estate stated in the list (1), it was concluded on November 21, 2013 between 1 C and the defendant.

Reasons

1. Facts of recognition;

A. Defendant A, who completed the marriage report on September 7, 1985, had Defendant B’s children as his/her children. On July 29, 2016, Defendant A brought a lawsuit of divorce against Daejeon Family Court Red support 2016ddan1213, and divorced as the conciliation on September 28, 2016.

B. On August 13, 2013, D Co., Ltd. (hereinafter “D”) entered into a 7-EEVN franchise agreement (hereinafter “instant franchise agreement”) with the Korea Development Bank (hereinafter “Korea Development Bank”) during the contract period from August 28, 2013 to August 27, 2018, and the Korea Development Bank paid KRW 9,00,000,00 as a bounty, on condition that the instant franchise agreement is returned when the termination is earlier.

C. On October 8, 2013, the Plaintiff engaged in guarantee insurance business concluded a guarantee insurance contract with D, with < Amended by Presidential Decree No. 2420, Aug. 28, 2013; Presidential Decree No. 24077, Oct. 11, 2013; Presidential Decree No. 2420, Aug. 27, 2018; Presidential Decree No. 24477, Oct. 28, 2013; Presidential Decree No. 24475, Oct. 11, 2013; Presidential Decree No. 24475, Aug. 28, 2013; Presidential Decree No. 24477, Aug. 27, 2018; Presidential Decree No. 24577, Aug. 27, 2013>

(hereinafter referred to as “instant insurance contract”) d.

At the time of the conclusion of the instant insurance contract, C, a representative director of D, jointly and severally guaranteed the obligation borne by D to the Plaintiff in relation to the instant insurance contract.

E. According to the instant franchise agreement, D must transfer daily sales, etc. to the Korea Development Association. There was a case where D delayed payment of the above remittance obligation from February 2, 2015, and D, upon the termination of the mid-term agreement between D and Korea Development Association on December 1, 2015, upon the waiver of convenience store business, D had the instant franchise agreement terminated.

As a result, D is subject to this.