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(영문) 서울중앙지방법원 2015.06.05 2013가합541127

사해행위취소

Text

1.(a)

A sales contract concluded on August 6, 2012 between G and Defendant A for the real estate listed in the attached Table 1 list is 30.

Reasons

1. Basic facts

A. 1) The Plaintiff, Inc. (hereinafter “I”)

between the Department and March 19, 2009 and the same year

9. 11. Each of the guaranteed amount of KRW 300,00,000 and KRW 294,400,000 for each of the guaranteed amounts, and the term of each of the credit guarantee agreements was set on March 18, 2010 and September 10, 2010 (hereinafter “each of the credit guarantee agreements of this case”), respectively, entered into a credit guarantee agreement (hereinafter “each of the credit guarantee agreements of this case”) with the term of each of the above credit guarantee agreements, and I entered into a credit guarantee agreement with the Korean bank (hereinafter “Korea bank”) on March 20, 209 as the security of the credit guarantee agreement issued by the Plaintiff under each of the above credit guarantee agreements.

9. 14. 368,000,000 each was loaned.

At this time, H and G, who were in office as the representative director of I, were jointly and severally guaranteed the obligation that I would incur to the plaintiff by paying a security deposit under each credit guarantee agreement of this case.

2. On March 2, 2013, I began to delay the repayment of the above loan, and our bank notified the Plaintiff of the occurrence of a credit guarantee accident on the 20th of the same month.

Accordingly, the plaintiff has the same year.

4. A total of 486,081,069 won [the principal and interest of loans of 243,859,988 won (the interest of 240,000,000 won) and interest of 242,221,081 won (the interest of 238,464,000 won and interest of 3,757,081 won)] on behalf of our bank.

3) Accordingly, on May 1, 2013, the Plaintiff filed a lawsuit with the Seoul Central District Court (No. 2013 Gohap518202) seeking an amount of non-performance of reimbursement due to the said subrogation against I, H, G, etc. (the same year with the court).

9. 13. Judgment accepting the Plaintiff’s claim became final and conclusive around that time.

B. B. As of August 6, 2012, G was the head of H as of August 6, 2012, Defendant A (at the time H was the husband and wife of Defendant A at the time, but the husband and wife of Defendant A at that time divorced thereafter) with the maximum debt amount indicated in the attached Table 1 on June 5, 2008, the real estate amount of KRW 240,000,000, the right to collateral security under the name of the bank with the debtor I, and the maximum debt amount of August 30, 201, the debtor corporation.