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(영문) 서울중앙지방법원 2018.11.29 2018가단5123072

사해행위취소

Text

1. B: 61,276,529 won on April 24, 2016; and 55,218,786 won on April 26, 2016; and 31,41 on November 7, 2016, concluded between B and the Defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) C Co., Ltd. (hereinafter “C”)

D and E Co., Ltd. (hereinafter “E”) as the representative director

On October 7, 2010, B, the representative director of the Bank, prepared an electronic commerce contract stating that “C shall be supplied with 36,739,852 won, such as C, and the amount shall be paid through a corporate purchase financing loan” on the F website, and sent a written request for the collection of sales proceeds to the Bank through the said website. On the same day, the Industrial Bank of Korea remitted KRW 36,739,852 to E account. In addition, D and B transferred KRW 260,150,000 of the Industrial Bank of Korea’s corporate purchase financing loan to C in the same way as of November 4, 2010, but in fact, C did not have purchased the above goods from E, and E returned KRW 60,60,000,000 from the Industrial Bank of Korea on November 4, 2010 to C.

3) Meanwhile, the Plaintiff entered into a credit guarantee agreement with C, which is 80% guarantee rate for each of the above loans for corporate purchase funds that C shall receive from the Industrial Bank of Korea, and issued a credit guarantee certificate to the Industrial Bank of Korea. 4) As C was unable to repay each of the above loans, the Plaintiff subrogated to the Industrial Bank of Korea on June 20, 201, 237,51,881 out of the E-related loans (=296,89,852 x 80%) pursuant to the above credit guarantee agreement.

5) After July 13, 2016, the Plaintiff filed a lawsuit for damages against B, etc. under the Seoul Eastern District Court 2016Kahap105952, the Plaintiff was sentenced to the judgment on February 21, 2018, including “B, C, D, and E jointly pay 167,51,881 won per annum from June 20, 201 to October 18, 201, and 15% per annum from the next day to the date of full payment,” and the above judgment became final and conclusive on March 9, 2018.

(b) B’s disposal of the property shall be in excess of the obligation.