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(영문) 춘천지방법원 2018.12.12 2018가단53807

사해행위취소

Text

1. On May 15, 2017, the sales contract for each real estate listed in the separate sheet concluded between the Defendant and B is 80,550.

Reasons

1. Basic facts

A. On December 7, 2012, the Plaintiff entered into a credit guarantee agreement with C (the representative director B; hereinafter “C”) and the guaranteed principal of KRW 90 million, guarantee period from December 7, 2012 to December 6, 2017, and the guarantee principal of KRW 38 million, guarantee period from December 7, 2012 to December 6, 2017.

B. C provided each credit guarantee agreement under the foregoing guarantee agreement to D (hereinafter “D”) and received a general loan of KRW 40 million and KRW 40 million on December 14, 2012.

C. B, as of May 15, 2017, entered into a sales contract with the Defendant related to the relationship between this employee and the Defendant on each of the real estate listed in the separate sheet (hereinafter “instant real estate”) with the effect that “the sales price shall be KRW 210 million, and the down payment shall be KRW 130 million in lieu of the collateral security obligation, and the remainder shall be paid KRW 80 million in lieu of the collateral security obligation, and the remainder shall be paid on May 16, 2017” (hereinafter “instant contract”), and on the ground thereof.

5.17. Completion of the registration of ownership transfer.

On May 15, 2017, the Defendant released the registration of creation of a collateral of KRW 180,000,000,000 for the maximum debt amount of August 1, 2014 of E Co., Ltd. (hereinafter “E”) established with respect to the instant real estate, by repaying the amount of KRW 129,449,693 as the secured debt amount.

E. On July 28, 2017, the Defendant concluded a contract to establish a right to collateral security of KRW 13968,000,000 for the maximum debt amount with the Housing and Urban Guarantee Corporation.

8.7. Completion of the registration.

F. C from July 14, 2017, in arrears with interest. Upon receipt of D’s notice, the Plaintiff paid KRW 90,948,821 on September 26, 2017 (on June 14, 2017, KRW 948,821), and KRW 33,592,010 (on June 14, 2017, KRW 342,010,00,000,000,000), and thereafter, paid KRW 124,51,151 (i) to cover the refund of guarantee fee, etc. (i.e., KRW 90,948,821-21) + KRW 29,680,00 + KRW 33,592,010 (on June 14, 2017, KRW 342,010).

G. B The value of the instant real estate as active property at the time of disposal.