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(영문) 수원지방법원여주지원 2016.06.01 2015가합754
사해행위취소
Text

1. The sales contract concluded on March 10, 2015 between the defendant and B shall be revoked.

Reasons

1. Basic facts

A. (1) The Plaintiff entered into a credit guarantee agreement with B on October 29, 2013 and July 10, 2014, including the conclusion of a credit guarantee agreement.

(1) According to the credit guarantee agreement of this case, the term "O credit guarantee agreement of this case" is referred to as the "O credit guarantee agreement of this case" and each of the above credit guarantee agreements is referred to as "each of the above credit guarantee agreements of this case". According to the credit guarantee agreement of this case, where the plaintiff fulfilled the guaranteed obligation, B shall pay to the plaintiff the damages for delay calculated by multiplying the amount of the guaranteed obligation and the rate

(Article 11(1)1 of the Credit Guarantee Agreement (Guarantee Number) Now. 1 B, a creditor 1 B of the subject of guarantee-term loan of KRW 127.5 million on October 29, 2013, and KRW 2550 million on July 10, 2014, the Nonghyup Bank of the Agricultural and Food Enterprise Driving Fund of KRW 2500 million on July 10, 2014, was granted a loan of KRW 450 million on the date of conclusion of each credit guarantee agreement of this case by obtaining a credit guarantee form from the Plaintiff on the date of conclusion of each credit guarantee agreement of this case, and obtained a loan from the Nonghyup Bank as security

October 19, 2013, KRW 150 million and KRW 300 million on July 10, 2014.

B’s real estate disposal, etc. (1) A, the representative director of the Defendant Company, entered into a corporate acquisition agreement with D on December 10, 2014, and B on February 10, 2015, with D on December 10, 2015.

(2) Accordingly, on February 10, 2015, B resigned the representative director of the Defendant Company and D assumed office as the representative director of the Defendant Company on the same day. On February 15, 2015, the Defendant Company concluded a transfer contract with the effect that B and the Defendant Company would acquire, from B, each of the real estate listed in the separate sheet owned by B, used as the Defendant Company’s factory and factory site, as the Defendant Company’s factory and factory site (hereinafter “each of the instant real estate”) and corporeal movables, such as holding B, necessary for the Defendant Company’s operation (hereinafter “instant corporeal movables”).

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