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(영문) 춘천지방법원 2016.10.05 2014가단34846

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. The Plaintiff’s claim 1) The Plaintiff’s claim for reimbursement against C on September 6, 2007 (hereinafter “C”).

(i) Between C and the Nonghyup Bank Co., Ltd. (hereinafter referred to as the “Agricultural Bank”);

(A) In obtaining a loan of KRW 60 million from a bank, the credit guarantee principal shall be KRW 59.5 million and the credit guarantee period shall be determined on September 5, 2008, and shall guarantee the repayment of the principal and interest of the loan to Nonghyup Bank (hereinafter “the credit guarantee agreement of this case”).

(2) At the time of the instant credit guarantee agreement, C agreed to pay the amount of debt guaranteed and the expenses incurred in the preservation, transfer, and exercise of the right acquired by the performance of the guaranteed obligation in the event that the Plaintiff repaid the obligation to Nonghyup Bank on behalf of the reasons of the credit guarantee accident.

In addition, the Plaintiff agreed that the Plaintiff may make a prior indemnity in the event it is deemed necessary to preserve the claim due to the aggravation of the credit status of C, such as the closure of C or the suspension of transaction for at least three consecutive months, or the occurrence of the reason for the suspension of transaction by

3) D, B (the “E” at the time of the instant credit guarantee agreement, and thereafter, the name “B”), and F jointly and severally guaranteed each of them for C. 4) The instant credit guarantee agreement continued to change the terms and conditions of the guarantee, and finally, on August 30, 2013, the credit guarantee agreement was changed until August 29, 2014.

5) On June 24, 2014, after providing the instant credit guarantee agreement to the Nonghyup Bank as a collateral, C took out a credit guarantee accident as a result of the left-down of the current account. 6) The Plaintiff subrogated for KRW 51,234,739 of the principal and interest of the loan to Nonghyup Bank on July 15, 2014, pursuant to the instant credit guarantee agreement.

B. B’s disposal act was concluded between the Defendant and the Defendant on May 7, 2014 with respect to 2/4 shares of the instant real estate, and the registration of ownership transfer in the future of the Defendant on the same day.