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(영문) 서울중앙지방법원 2017.10.13 2016가합539309

사해행위취소

Text

1.(a)

The gift contract entered into between Defendant A and D on May 10, 2016 with respect to the real estate listed in [Attachment 1].

Reasons

1. Facts of recognition;

A. Credit guarantee contract and performance 1) In the case of a stock company E (hereinafter referred to as “stock company”), the Plaintiff omitted the indication of “stock company” by entering its trade name in the first place.

(2) The details of credit guarantee certificates issued under each credit guarantee contract entered into with FF and G are as shown in [Attachment 1]. 2) In this case, D is jointly and severally and severally guaranteed all obligations owed by the above company to the Plaintiff according to the credit guarantee contract.

D is each internal director of E and F, and is G's internal director.

G The representative director H is the discovery of D.

[Attachment 1] According to the loan guarantee period E 1 E 1 E / (1) from March 22, 2006 to March 21, 2007, the Plaintiff is entitled to pay the Plaintiff the amount of the loan guaranteed by the obligor for the performance of its guarantee obligation at the rate of KRW 200,000,000 from March 22, 2006 to March 21, 2007 (amended by March 10, 2017) as well as the amount of the loan guaranteed by the obligor for the performance of the credit guarantee obligation from August 8, 2007 to August 7, 2008 (amended by August 10, 2016) to compensate the Plaintiff for the amount of the loan guaranteed by the obligor for the performance of the credit guarantee obligation at the rate of KRW 170,00,000,000 and KRW 170,000,000 from August 13, 2012.

[Attachment 2] The amount to be recovered by subrogation on the date of a credit guarantee accident by an applicant for a loan shall be the amount to be recovered on May 4, 2016, and shall be closed on June 14, 2016.