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(영문) 서울동부지방법원 2018.05.31 2017가단140405
사해행위취소
Text

1. The assignment of claims between the Defendant and B on February 4, 2017 with respect to the claims indicated in the separate sheet shall be revoked.

2...

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim for reimbursement against B 1) The Plaintiff is a corporation E (hereinafter “foreign company”).

) A credit guarantee agreement between the two parties (hereinafter referred to as the “instant guarantee agreement”).

On March 8, 2016, after the conclusion of the credit guarantee contract, the non-party company issued a credit guarantee certificate [the amount of guarantee 1,254,00,000 won, and the period of guarantee 1,254,000,000 won (the change to March 7, 2018), small and medium enterprise financing loans for the loan subjects, and corporate banks] on March 7, 2017, and the non-party company guaranteed the debt to be paid by the non-party company to the Plaintiff under the guarantee agreement of this case. (2) The non-party company borrowed the above credit guarantee certificate from the corporate bank as collateral, but lost the profit within the period on June 8, 2017, the Plaintiff subrogated the corporate bank in subrogation of KRW 1,258,806,556 on August 17, 2017.

B. B (1) On May 10, 2014, B entered into a lease agreement with the lessor D and C with the terms of KRW 370,00,000, monthly rent of KRW 450,000, and from May 13, 2014 to May 12, 2016, B paid KRW 370,00,00 to the lessor D and C. (2) around February 4, 2017, B transferred the above lease deposit to the Defendant, its wife, KRW 370,00,000,000, out of KRW 100,000,000 (hereinafter “the instant lease agreement”) and then notified the lessor and C of the terms and conditions of the lease deposit to the lessor and C, and then notified the lessor and C of the repayment of the said amount to KRW 100,00,000,00,000 between D and C, 200.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including additional numbers), Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. According to the fact that the existence of the preserved claim is acknowledged, the Plaintiff’s indemnity claim against B was not actually created at the time of entering into the instant assignment of claim

Even if the credit guarantee agreement of this case, which is the basis of the indemnity claim, has already been established.

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