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(영문) 서울남부지방법원 2015.05.19 2014가단232375

사해행위취소

Text

1. As to each real estate indicated in the separate sheet,

A. The Defendant and Nonparty B concluded on February 28, 2014.

Reasons

1. The following facts are based on the following facts: (a) the Plaintiff and the Defendant did not dispute with each other; (b) evidence Nos. 1 through 5; (c) evidence Nos. 6-1, 2, and 7; and (d) evidence No. 11; and (c) the purport of the entire pleadings.

The Plaintiff and Nonparty B agreed on August 12, 2013, through the preparation of the title “Agreement on Guarantee Loan Transactions” (Evidence 1), that Nonparty C Co., Ltd., the representative director of which was B, (hereinafter “C”) provided various guarantees and loans from the Plaintiff in accordance with the Framework Act on the Construction Industry, etc., and that C Co., Ltd., (hereinafter “C Co., Ltd.”) provided joint and several sureties with a joint and several liability to the Plaintiff, upon applying for the commencement of rehabilitation procedures to the court, would lose all the term of the obligation and make a prior reimbursement, and without objection to the delivery of the

(B) from the next day, the instant transaction agreement is only called “the instant transaction agreement.”

On August 20, 2013, the Plaintiff paid C Company KRW 417 million as a loan under the instant transaction agreement.

C. The Plaintiff: (a) as a guarantee under the instant transaction agreement, only one case of the 517,592,684 contract guarantee, total sum of the guaranteed amount, 200,609,484 amount, 13 defects guarantee, 200,609,484 amount, and 2,029,120 won of the guaranteed amount.

(total amount guaranteed 720,231,288) d.

B, on March 11, 2014, in the absence of any specific property other than each real estate indicated in the indication of the attached real estate, the Defendant, who was a creditor, was registered as a director in the company, and at the same time the Defendant, who was the creditor of the said real estate, entered into the registration of establishment of a mortgage (hereinafter “mortgage registration of this case”) with the maximum debt amount of KRW 500 million based on the contract to establish the mortgage (hereinafter “mortgage registration of this case”) on February 28, 2014.

E. C The Incheon District Court on March 18, 2014.