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(영문) 울산지방법원 2015.11.27 2015가단54362

사해행위취소

Text

1. As to each real estate listed in the separate sheet between the defendant and the non-party corporation (registration number 18011-054509).

Reasons

1. Basic facts

A. (1) The Plaintiff’s claim, etc. against the non-party company (1) entered into a credit guarantee agreement with the content of “Guarantee Number B: 170,000,000 won: January 18, 2010: 19: January 15, 2016; 2. 3: 425,00,000 won: August 20, 2010; hereinafter “Guarantee Number”); and 3:00 won: the Guarantee Period: August 20, 2015.”

(hereinafter) In succession, each credit guarantee contract of this case includes an agreement to the effect that “where a provisional attachment is decided on the property of a company outside the country, the Plaintiff shall obtain a prior right to indemnity.”

(2) Under the credit guarantee of this case, the non-party company received 200 million won from the National Agricultural Cooperative Federation, and 500 million won from the "New Bank" under the credit guarantee of this case 2.

(3) On July 22, 2013, a credit accident occurred to the non-party company, such as the decision of provisional seizure of real estate No. 2013Kadan20344, which is the debtor of the non-party company.

(4) On March 31, 2015, the Plaintiff subrogated for KRW 171,757,194 to the Nonghyup Bank and KRW 429,249,767 to the New Bank on behalf of the non-party company according to the credit guarantee contract of the instant case Nos. 1 and 2.

The plaintiff was partly reimbursed for the payment on behalf of the Nonghyup Bank, but the remaining 167,120,724 won was still not recovered.

B. (1) Around September 2009, the non-party company acquired each real estate listed in the separate sheet (hereinafter “the instant real estate”).

(2) The Defendant supplied land, etc. to Nonparty Company from around January 201, 201, and around January 2014, the outstanding amount receivable exceeded KRW 250 million.

Around January 2014, the Defendant purchased the instant real estate from a non-party company in an amount equivalent to KRW 650 million from the purchase price, and KRW 230 million out of the purchase price.