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(영문) 수원지방법원안산지원 2017.09.01 2017가단53418

사해행위취소

Text

1. The scope of KRW 33,84,206 for the purchase and sale contract as of February 29, 2016 between the Defendant and B on real estate listed in the separate list between the Defendant and B.

Reasons

1. Facts of recognition;

A. On December 3, 2013, the Plaintiff entered into a credit guarantee agreement with Nonparty B (hereinafter referred to as “the instant agreement”) with respect to the obligation to repay corporate general loans of KRW 30,000,000 to Hana Bank (Korea Exchange Bank prior to the merger; hereinafter “Korea Exchange Bank”) (hereinafter “Korea Exchange Bank”) as the guaranteed principal, as well as KRW 25,50,000,000, and December 3, 2018 (hereinafter “instant agreement”).

B. On August 21, 2015, the Plaintiff entered into a credit guarantee agreement with the Nonparty on KRW 20,000,000,000 of the guaranteed principal for the repayment obligation of corporate ordinary loans to the Nonparty bank (hereinafter “instant agreement”).

C. According to each credit guarantee agreement of this case, when the plaintiff performed the guaranteed obligation, the non-party shall pay to the plaintiff the amount paid by the plaintiff for the performance of the guaranteed obligation and the damages for delay calculated at the interest rate determined by the plaintiff from the date of payment of the subrogated amount to the date of full payment.

On August 26, 2016, with respect to the instant arrangement No. 1, Nonparty bank notified the Plaintiff of the occurrence of each credit guarantee accident on November 16, 2016 regarding the instant arrangement No. 2.

E. On March 8, 2017, the Plaintiff paid KRW 14,012,126, and KRW 19,832,080, totaling KRW 33,84,206, in accordance with the instant agreement, to the Non-Party Bank pursuant to the instant agreement, as the subrogated payment.

F. Meanwhile, on February 29, 2016, the Nonparty entered into a contract with the Defendant to sell KRW 165,000,000 to the real estate listed in the separate sheet (hereinafter “instant real estate”) for which ownership transfer registration was made in the name of the Nonparty (hereinafter “instant sales contract”).

G. The Nonparty’s property details at the time of entering into the instant sales contract are as follows.

C [Ground of recognition] Unsatisfy, each entry in Gap evidence 1 to 11 (including virtual number), and the purport of the whole pleadings

2. Matters concerning the existence of preserved claims;