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(영문) 수원지방법원 2019.06.05 2018가단502760

사해행위취소

Text

1. A monetary donation contract concluded around July 2017 between B and the Defendant shall be revoked within the limit of KRW 195,00,000.

2...

Reasons

1. Basic facts

A. On June 23, 2014, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with C (hereinafter “C”) on the principal and interest of loan to be borne by C (hereinafter “D”) as a loan from D (hereinafter “D”) and issued a credit guarantee agreement between the said bank as of June 23, 2015, with the guarantee amount of KRW 270 million and the guarantee period of the said bank.

(E) After the expiration of the period of guarantee is extended on June 22, 2018). B, the representative director of C, was jointly and severally guaranteed by C’s obligation to pay indemnity to the Plaintiff.

B. On September 26, 2017, a credit guarantee accident occurred due to natural substances. Accordingly, the Plaintiff subrogated 182,264,547 won to D on December 14, 2017.

As a result of collecting part of the amount of subrogation, the amount of 180,952,767 won remains, and the amount of finalized damages was 359 won.

Accordingly, as of December 14, 2017, the Plaintiff had a claim for delay damages (the agreed delay damages rate shall be 10% per annum) against B (i.e., 180,953,126 won (i.e., 180,952,767 won) and 180,952,767 won among them.

(hereinafter “instant claim for indemnity”). C.

B around June 2017, Jongno-gu Seoul E and its ground buildings (hereinafter referred to as “prolong-gu real estate”), Pyeongtaek-si, F, G, H, I, J, and K each land (hereinafter referred to as “prolong-si real estate”) (hereinafter referred to as “prolong-si real estate”) were disposed of, and paid the said real estate collateral obligation with the purchase price, which was the sole property.

In addition, on July 5, 2017, the remaining amount paid to the Defendant KRW 165 million through the account of C, KRW 160 million through B account on July 7, 2017, and KRW 70 million through B account on July 11, 2017.

(hereinafter referred to as “the instant monetary payment” in total, and collectively, the said monetary payment is referred to as “the instant payment”).

The apartment of this case (hereinafter referred to as "the apartment of this case") at the time of emulation.