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(영문) 대구지방법원 2016.04.05 2015가단112600

사해행위취소

Text

1. B and the Defendant signed on May 6, 2013 by a notary public of the joint law office 2013 as C&A No. 381.

Reasons

1. Basic facts

A. The Plaintiff’s credit guarantee agreement (hereinafter “instant credit guarantee agreement”) between B and B as follows.

B) The loan (hereinafter “instant loan”) was made by obtaining a credit guarantee certificate from the Plaintiff as follows:

(2) B on November 23, 2013, the date of concluding an agreement, the guarantee number D on November 25, 2009 (143,000,000 won loan amounting to 143,000,000 won loan amounting to 143,000,000 won from a bank of an enterprise loan institution on November 22, 2013) B lost the benefit of the said loan due to the delayed repayment of principal on November 23, 2013.

On December 31, 2013, the Plaintiff subrogated to a corporate bank for KRW 141,183,609 (= principal interest of KRW 140,00,000,000).

3) The Plaintiff filed a lawsuit claiming reimbursement against B with the Daegu District Court 2014Kadan103470, and was sentenced to winning on July 3, 2014. The content of the judgment in question is that “B shall pay to the Plaintiff 141,562,559 won and 141,183,609 won among them, 12% per annum from December 31, 2013 to April 23, 2014, and 20% per annum from the next day to the day of complete payment.” 4) The Plaintiff filed an application for compulsory auction with the Daegu District Court for the said judgment as executive title as to E14,678 square meters of land E-gu, Daegu-gu, Daegu District Court 14,678 square meters, which is owned by B.

In the above auction procedure, the shares of the above real estate owned B were appraised as KRW 51,495,100 as of August 19, 2014 and sold to KRW 27,60,000 on February 24, 2015.

On March 24, 2015, the Plaintiff received dividends of KRW 25,151,338 remaining after deducting the auction cost, etc. from the sale price.

B. B’s property disposal action 1) B entered into a credit guarantee agreement in the name of B with the company-bank, and agreed to use the loan from the company bank as the operating fund of the company-bank, while serving as a member in the company-affiliated loan agreement, and agreed to have the ownership of various machinery, equipment, fixtures, etc. established in the factory of the company-affiliated loan agreement. 2) The company-affiliated loan agreement in Daegu.