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(영문) 서울중앙지방법원 2020.10.15 2019가단5205766

사해행위취소

Text

1. The division of property between B and the Defendant shall be revoked within the limit of KRW 74.6 million, which was concluded on May 11, 2017.

2...

Reasons

1. Basic facts

A. On February 26, 2016, the Plaintiff’s claim against B (i) the Plaintiff Company C (hereinafter “C”)

B) On February 26, 2016, C entered into each credit guarantee agreement as follows with respect to the obligation to be financed by the Industrial Bank of Korea, and accordingly, C has issued each credit guarantee agreement to C. D2) B guaranteed all the obligation to be borne by C to the Plaintiff in accordance with the respective credit guarantee agreement.

3) C received loans from the Industrial Bank of Korea in accordance with each of the above credit guarantee agreements. On May 12, 2017, the Industrial Bank of Korea took fraudulent measures with respect to each of the above loans, and thereafter requested the Plaintiff to discharge the guaranteed obligations under each of the above credit guarantee agreements, and accordingly, the Plaintiff paid KRW 851,181,380 to the Industrial Bank of Korea on June 28, 2017. Accordingly, the Plaintiff filed an application with the Daegu District Court for the payment order to seek reimbursement for the instant credit guarantee agreement and the pertinent joint and several liability agreement against C and B, as the Daegu District Court Decision 2018Hu14592, Oct. 1, 2018. The above court rendered the payment order with respect to KRW 841,784,612 to the Plaintiff jointly and severally, and KRW 841,589,010 from the date of the payment order to the 15th day of the annual payment order, and KRW 185% from the day after the date of the payment order.

5) The amount of the Plaintiff’s claim against B under the above payment order is KRW 1,016,931,252 as of August 23, 2019. B. The Defendant and B’s divorce 1) completed the marriage report with B on January 24, 1991, and the Defendant had two children (FF and G students) among them.

2 Around May 2017, the Defendant and B filed an application for divorce with the Seoul Family Court, and on October 17, 2017, confirmed the intention of divorce by agreement with the above court, and completed the divorce report on January 12, 2018.

C. Division of property between the Defendant and B