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(영문) 서울동부지방법원 2014.01.14 2013가합102815

사해행위 취소 등의 소

Text

1.(a)

B Co., Ltd. on March 24, 2011, the par value of KRW 500,000,000 for the Defendant, the payee, the Defendant, and the place of issuance.

Reasons

1. Basic facts

A. On March 24, 2010, the Plaintiff entered into a credit guarantee agreement with B (hereinafter “B”) under which the credit guarantee principal is KRW 285 million and the credit guarantee term is from March 24, 2010 to March 24, 2014, and B was granted a loan from a new bank with a credit guarantee certificate issued by the Plaintiff.

B. Around June 24, 2012, a credit guarantee accident occurred due to failure to pay KRW 25 million to a new bank. On September 7, 2012, the Plaintiff received notice of a credit guarantee accident from a new bank and repaid the total amount of KRW 188,189,83 in subrogation of the principal and interest of the loans pursuant to the instant credit guarantee agreement in subrogation of B to a new bank on September 27, 2012.

C. The Plaintiff filed a lawsuit against B with the Seoul Central District Court No. 2012Kadan5134681, and filed a lawsuit against B with the said court “B” with the amount of KRW 189,686,093 and the amount of KRW 188,189,83 from September 27, 2012 to June 1, 2013 and the amount of KRW 15% per annum from June 1, 2013 to the date of full payment. The said judgment was finalized on July 12, 2013.

On the other hand, the defendant C and the defendant who are the husband of the representative director C on March 24, 2011.

2. 21. Marriage

(C) A promissory note with a face value of KRW 50 million in face value, the payee, the Defendant, the place of issue, the place of payment, and the place of payment, respectively, with a set of promissory note payable at sight (hereinafter “instant promissory note”).

No. 23 of the No. 2011 Deed No. 2011 (hereinafter “No. 31 of the Promissory Notes”) issued and delivered by a notary public to the effect that the said promissory Notes are subject to compulsory execution on the same day.

was drawn up.

E. The defendant is based on the Notarial Deed of this case.