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(영문) 대전지방법원 2017.11.08 2016가단213678

사해행위취소

Text

1. The plaintiff, the defendant Gap corporation and the defendant Eul jointly and severally, and 172,968,446 won and 86,889,375 won among them.

Reasons

1. Presumed facts

A. On February 24, 2014, the Plaintiff Company and the Defendant Company A (hereinafter “Defendant Company”) entered into a credit guarantee agreement with the Plaintiff on the credit guarantee period of February 24, 2014 (hereinafter “the first agreement”); and on September 23, 2015, the credit guarantee agreement with the creditor bank, the creditor bank, and the guaranteed principal of KRW 85 million (hereinafter “the first agreement”); and on September 23, 2014, the credit guarantee period of KRW 85 million (hereinafter “the second agreement”); thereafter, the guarantee period of the first agreement was extended to the Industrial Bank of Korea on February 24, 2016, and the second agreement was modified to the effect that the guarantee period of the second agreement was extended to September 23, 2016. The Defendant Company, the representative director of each of the Defendant Company, was granted the guarantee period of KRW 10,000,000 from the national bank on September 24, 2012.

3) However, on December 22, 2015, the National Bank and the Industrial Bank of Korea demanded the Plaintiff to pay for the debt borrowed by the Defendant Company on the ground that the natural disasters occurred, and accordingly, the Plaintiff demanded the Plaintiff to pay for the debt borrowed by the Defendant Company. Under the first agreement on June 2, 2016, the Plaintiff subrogated for KRW 86,889,37,467 to the Bank of Korea pursuant to the second agreement on January 12, 2016, and collected KRW 412,848 out of the amount of subrogated for the second agreement. 4) The Plaintiff collected KRW 842,610 (Agreement) out of the amount of subrogated for the second agreement. 4) The Plaintiff collected KRW 842,848 out of the amount of subrogated for the second agreement. The additional claim is KRW 43,610 (Agreement 1); the rate of late payment for the second agreement is 10% per annum, and the rate of late payment for the second agreement is 10% from the date of January 13, 216, 201.

B. Defendant B’s disposal act 1) On May 19, 2015, Defendant B received, from Defendant D on May 19, 2015, each of the real estate listed in paragraphs 2 and 3 of the attached Table Nos. 2 and 3 (hereinafter “real estate Nos. 2 and 3”) from the Changwon District Court, on May 19, 2015, for a sales contract as of May 19, 2015.