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(영문) 서울북부지방법원 2018.11.14 2017가단141497

사해행위취소

Text

1. All of the instant claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff (hereinafter “B”) entered into a credit guarantee agreement with B on the following terms: (i) the Plaintiff’s credit guarantee agreement with B.

Industrial Bank of Korea Industrial Bank 1, 200, 140,000, 119,000,000 119,000,000 on March 18, 2013, Industrial Bank 2, Industrial Bank 3, 200,000 on July 31, 2013, 20, 200,000,000 C Bank 170,000,000 170,000,000 on March 30, 2015, B paid interest on July 1, 2016. The Plaintiff subrogated the Industrial Bank of Korea 291,802,031,000 on July 22, 2016 to C Bank, respectively. < Amended by Presidential Decree No. 273973, Jul. 26, 2016>

On November 9, 2016, the Plaintiff received the payment order ( Daegu District Court Decision 2016 tea15079) against B, etc., seeking the payment of the amount of indemnity of KRW 459,430,016 ( KRW 291,802,031 Won 171,087,99) and its delay damages, and the said payment order was finalized.

B. (i) On September 16, 2015, B transferred a promissory note claim of 200 million won against B to the Defendant, who owns 30,000 shares of B (50%) on September 16, 2015, and D accepted the said transfer around that time.

Shed D agreed on March 14, 2016 that the above obligation of promissory notes was fully repaid with the Defendant on the payment of KRW 150 million with the Defendant, and paid KRW 150 million to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The assignment of claims in this case that the plaintiff's assertion B made to the defendant constitutes a fraudulent act that was made to the defendant for the return of the purchase price of shares, not the repayment of the loan, and the defendant is liable to pay 150 million won to the plaintiff for the restoration of the original state by compensation for value and delay damages.

B. (i) The obligee’s right to seek reimbursement of the obligation exists as a matter of course with another obligee.