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(영문) 의정부지방법원 2017.01.17 2016가단109291

사해행위취소

Text

1. With respect to the area of 391 square meters prior to Macheon-si:

A. The sales contract concluded on July 10, 2015 between C and the Defendant is revoked, and B.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff Co., Ltd. (hereinafter “D”).

(2) The credit guarantee agreement of this case (hereinafter referred to as “each of the credit guarantee agreements of this case”) as described below.

A) Upon entering into a credit guarantee agreement in this case, C has jointly and severally guaranteed the Plaintiff’s obligation for indemnity. The content of each credit guarantee agreement in this case is that D pays the Plaintiff the amount of subrogation, the amount of damages for delay calculated by the rate determined by the Plaintiff, the amount of compensation for the performance of the guaranteed obligation, the expenses incurred in the preservation, transfer and exercise of rights, etc. on November 18, 2014, on November 17, 2015, 2000 KRW 360,000,000 in a foreign exchange bank on November 17, 2015. < Amended by Presidential Decree No. 2360, Nov. 17, 2014; Presidential Decree No. 25787, Nov. 17, 2014; Presidential Decree No. 25777, Nov. 2, 2015>

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) D provides each credit guarantee agreement of this case to Korea Exchange Bank (hereinafter “Korea Exchange Bank”)

30 million won from our bank (hereinafter referred to as “Korea bank”)

() Each loan was granted KRW 400 million from the foreign exchange bank; on August 3, 2015, with respect to the foreign exchange bank; and on August 13, 2015, with respect to the Korean bank, the credit guarantee accident that has lost the benefit of each time period was caused. 2) The Plaintiff subrogated for KRW 363,129,730 to the Korean bank on December 2, 2015 in accordance with the respective credit guarantee agreements in this case; and KRW 274,439,553 to the foreign exchange bank on December 29, 2015; penalty was paid KRW 606,570 for the instant credit guarantee agreement; KRW 276,160 for the instant credit guarantee agreement; and KRW 3,480,797 for the claims preservation expenses incurred under each of the aforementioned credit guarantee agreements.

C. C’s act of disposing of property between the Defendant and the Defendant on July 10, 2015 (hereinafter “instant real estate”) does not constitute a sales contract with respect to the area of 391m2 (hereinafter “instant real estate”).