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(영문) 서울남부지방법원 2017.06.14 2016가단212153

사해행위취소

Text

1. As to the real estate listed in the separate sheet, a sales contract concluded on March 12, 2015 between C and Defendant A is 94,095.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement with D Co., Ltd. (hereinafter referred to as “D”) and each credit guarantee agreement (hereinafter referred to as “credit guarantee agreement of this case”). D, on April 20, 2012, extended the loan period of KRW 160,000,000 from April 19, 2012 to April 17, 2015; ② on April 17, 2014, a credit guarantee agreement of a lending institution’s bank, corporate bank, credit guarantee limit of KRW 90,00,000, and guarantee period of KRW 160,000 from April 17, 2014 to April 17, 2015; and D was granted a loan of KRW 20,000,000,000 from a corporate bank based on the Plaintiff’s credit guarantee agreement.

B. According to the credit guarantee agreement of this case, when the plaintiff performed the guaranteed obligation by subrogation of D, D is decided to reimburse the plaintiff with the amount of subrogation and the 11% interest per annum for it, and C is jointly and severally guaranteed against the plaintiff.

C. D caused a credit guarantee accident due to delinquency in the principal on April 17, 2015. Accordingly, on July 14, 2015, the Plaintiff paid KRW 254,210,340 in total to a corporate bank according to each credit guarantee agreement of this case, and paid KRW 412,200 in total for expenses, such as provisional seizure, etc. to preserve claims.

C On March 25, 2015, on the instant real estate owned by Defendant A, completed the registration of ownership transfer for reasons of sale as of March 12, 2015, and Defendant A again completed the registration of ownership transfer for reasons of sale as of May 22, 2015.

E. At the time of the conclusion of the instant sales contract, C did not have any particular property except for the instant real estate in an amount equivalent to KRW 157,00,000 in the market value and the container license (sale report on May 7, 2015) equivalent to KRW 8,50,000, while at the same time C is the primary obligation exceeding KRW 700,000 in various financial institutions including the Plaintiff’s surety obligation.