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(영문) 서울중앙지방법원 2016.07.20 2015가합543806

사해행위취소

Text

1. The sales contract concluded on April 1, 2015 between the Defendant and B on each real estate listed in the separate sheet is 105,586.

Reasons

1. Basic facts

A. 1) B B, including a credit guarantee agreement between the Plaintiff and B, is the same credit guarantee agreement as indicated below (hereinafter “each of the credit guarantee agreements in this case”) on each date indicated in the column for the guarantee agreement between the Plaintiff and the Plaintiff on the following table:

(2) The Plaintiff and the Plaintiff’s 10,000,000 Bank of Korea (amended by Act No. 150, Dec. 19, 2015) extended loans from financial institutions as listed below on the following table. According to each of the credit guarantee agreements of this case as of April 7, 2010 (amended by Act No. 150, Apr. 1, 2015) under each of the credit guarantee agreements of this case, where the Plaintiff performed a credit guarantee obligation on the date of a separate guarantee agreement, the amount of subrogation and the amount of delayed repayment as of April 1, 2010 (amended by Act No. 150, Dec. 18, 2015) was calculated as of December 12, 2012 from the date of repayment of the subrogated amount and the amount of subrogation to the Plaintiff by December 11, 2013 (amended by Act No. 150,000, Dec. 18, 2015).

B. On March 30, 2015, B paid the principal and interest of KRW 217,863,114 due to the first guarantee to the Industrial Bank of Korea on June 8, 2015 under the respective credit guarantee agreement, B paid the principal and interest of KRW 122,049,698 due to the second guarantee to Korea on June 10, 2015 (= Principal KRW 120,000,000,000, KRW 217,970, KRW 161,18,300, and KRW 363,114); and the Plaintiff paid the principal and interest of KRW 122,049,698 due to the second guarantee to Korea bank on June 10, 2015 (= Principal KRW 120,000,000, KRW 2,000, KRW 1269,698).

C. On April 1, 2015, the Defendant: (a) prepared a sales contract to purchase each of the real estate listed in B and the separate sheet (hereinafter “each of the instant real estate”) in the purchase price of KRW 800 million; and (b) on April 1, 2015, the said real estate on April 1, 2015.