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(영문) 대구지방법원 2019.03.05 2018가단109087
사해행위취소
Text

1. As to real estate listed in the separate sheet:

A. The reservation entered into on June 5, 2017 between the Defendant and B is to return the substitute.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement between the Plaintiff and B with B under a general loan agreement of KRW 25,000,000 (hereinafter “Agreement”) and a general loan agreement of KRW 20,000,000, which was entered into with D Co., Ltd. (hereinafter “Second Agreement”), and issued each credit guarantee agreement accordingly.

B. On April 22, 2017, B: (i) upon the occurrence of a credit guarantee accident due to delay of principal and interest, the Plaintiff paid KRW 1,338,57 to a corporate bank on September 15, 2017; and (ii) on August 28, 2017, the Plaintiff paid KRW 13,659,632 to the corporate bank on behalf of each of the above agreements; and (ii) thereafter, the Plaintiff collected KRW 148,354 from B in relation to each of the above agreements (i.e., recovery of KRW 1 agreement (28,140,214) and confirmed total amount of KRW 14,85 (i.e., recovery of KRW 28,140,214), and determined the total amount of damages of KRW 14,849,855 (i.e., the 1,310,437, the subrogated payment agreement (i.e., the total damages of KRW 13539,41949).

3) The Plaintiff filed an application for payment order against the said B and E (Seoul District Court Branch Branch Branch Decision 2017Hu8215) and accepted the payment order on November 2, 2017. The said decision was final and conclusive as of December 22, 2017. C. The reservation B made by subrogation between the Defendant and the Defendant on June 5, 2017 (hereinafter “instant real estate”).

2) As to the reservation to return a substitute (hereinafter referred to as “instant substitute return reservation”)

B. Based on this, the Daegu District Court completed the registration of transfer of ownership in the name of the defendant as of June 5, 2017, No. 22695 of the receipt on June 5, 2017.

B’s property status as active property in addition to the instant real estate: ① 2756m2, ② G Dong, Hdong, I, and ③ the above 2.

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