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(영문) 대구지방법원 영덕지원 2018.05.15 2017가단1337

사해행위취소

Text

1.(a)

On July 11, 2016, the Plaintiff was on July 11, 2016 with respect to each land set forth in [Attachment List Nos. 1 and 2 between B and the Defendant.

Reasons

1. Basic facts

A. Co., Ltd. (hereinafter “ Nonghyup Bank”) on January 19, 2015, 1) B entered into a guarantee agreement and subrogated payment.

) In order to obtain a loan from the Plaintiff, the Plaintiff received a credit guarantee of KRW 17 million from the Plaintiff. B submitted the said credit guarantee certificate on January 20, 2015 and obtained a loan of KRW 20 million from the Nonghyup Bank as of January 20, 2016. Since then B and the Nonghyup Bank extended the repayment period on January 20, 2017, B and the Nonghyup Bank extended the repayment period of the said loan to January 20, 2017. (2) Although the said repayment period expired, B did not pay the said principal and interest.

Accordingly, on March 17, 2017, the Plaintiff subrogated to the Nonghyup Bank totaling KRW 17,589,292 of the principal and interest of the loan.

3) As of August 29, 2017, the Plaintiff’s claim for reimbursement against B as of August 29, 2017 (hereinafter “instant claim for reimbursement”).

(4) The Plaintiff filed an application with Daegu District Court for an order of payment seeking payment of the claim for reimbursement against B, etc. for an attempted penalty, KRW 26,780, KRW 40, KRW 93, KRW 959, KRW 941, plus KRW 18,576,110.

On September 5, 2017, the said court ordered the Plaintiff to pay “B” the amount of KRW 67,022,469 (the amount including the amount of the claim for reimbursement) and the delay damages therefor.

(F) Daegu District Court Branch 2017Hu4251). The above payment order was finalized on November 11, 2017.

B. B B’s disposal act, etc. (i) around July 11, 2016, the land in [Attachment A] No. 1 (hereinafter “instant land”) between the Defendant, one’s own punishment, and the Defendant.

(C) 1,052 square meters prior to the instant partition and 1,052 square meters (hereinafter referred to as “land prior to the instant partition”).

2) The sales contract to sell the sales price of KRW 15 million in total (hereinafter “instant sales contract”).

(2) B) On August 9, 2016, as to each of the lands listed in the above paragraph (1) to the Defendant, the name of the Defendant, each of whom was made under the name of the Daegu District Court No. 9887 of the receipt of machinery, such as the Young-gu District Court’s Young-gu Branch Support, etc., as of July 11, 2016.