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(영문) 서울남부지방법원 2020.09.04 2019가합116802

사해행위취소

Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Industrial Bank of Korea, which entered into a loan agreement and joint and several sureties agreement, extended a total of KRW 2,734,526,000 to D Co., Ltd. (hereinafter “D”) from May 26, 2014 to October 30, 2017, as follows, and the inside director C of D jointly and severally guaranteed obligations under the said loan agreement.

The Plaintiff entered into an agreement with the above 200,000,000 small and medium enterprise funds E 200,000,000 11,100,000,000 7.46 July 46, 2000 G 2018-12-05 Small and Medium Enterprise Funds G 500,000,000 7.620,000 H 500,12-00,000 7.62,000 2018-12-0,000 7.620,000 7.17.26.3 of the loan agreement with the above 2014-26,05-26.10,07.10,005-26.10,06. 7. 206. 7. 7. 7. 15. 2063 of the loan, each of the above L. 2014.

2) On November 27, 2019 and December 4, 2019, the Industrial Bank of Korea sent to D all claims arising from the said loan agreement to the Plaintiff. On December 9, 2019, the Industrial Bank of Korea publicly announced the assignment of claims as above to the M press and the N press. C/C concluded a sales contract with the Defendant who is the spouse O and the joint representative director of P/C on May 13, 2019 (hereinafter “instant sales contract”). On May 24, 2019, C concluded a sales contract with the Defendant to sell each real estate listed in the attached list (hereinafter “instant real estate”). On May 24, 2019, the Seoul Southern District Court received the registration of the Seoul Southern District Court under Article 89243.