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(영문) 부산지방법원동부지원 2016.06.02 2015가단209912
사해행위취소
Text

1. On March 11, 2015, the Defendant and Nonparty B concluded on March 11, 2015 with respect to one-half shares of each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On March 11, 2014, the Plaintiff entered into a credit guarantee agreement with Non-Party C Co., Ltd. and Non-Party D Co., Ltd. on three occasions from September 11, 2013 to August 25, 2014, with each of the above companies, to guarantee the obligations of the above companies in receiving loans from the Gyeongbuk Business Department, and Non-Party B, the representative director of the above companies, jointly and severally guaranteed the obligation of indemnity against the Plaintiff.

B. Upon C’s failure to repay the above loans, the Plaintiff repaid the above loans to the Gyeonggi-do Office of Business on behalf of the said company on July 31, 2015.

On August 6, 2015, the plaintiff's claim for indemnity against the above company and its joint guarantor B is the principal amount of 239,621,982 won and damages for delay based on overdue interest rate of 12% per annum.

C. As D Co., Ltd. failed to repay the above loans, on August 12, 2015, the Plaintiff repaid the above loans to the GIC on behalf of the said company.

As of September 16, 2015, the Plaintiff’s claim for reimbursement against B, a joint guarantor, is based on the overdue interest rate of 1,028,239,551 won and 12% per annum.

B purchased on September 3, 2003 the real estate listed in [Attachment List No. 1] and acquired the ownership of 1/2 of each of the above real estate.

Attached Form

On March 17, 2015, the real estate listed in paragraph (2) was divided into the real estate listed in paragraph (1) of the attached Table due to the division of the section for exclusive use.

(hereinafter referred to as the “instant real estate” in combination with the said real estate.

B On March 11, 2015, the Plaintiff, the husband of E, entered into a sales contract to sell 1/2 of the instant real estate owned by the Defendant (hereinafter “instant sales contract”) and completed the registration of ownership transfer to the Defendant on March 17, 2015.

F. Meanwhile, on September 3, 2003, the instant real estate does not exceed the right to collateral security of the debtor B and E, Busan Bank Co., Ltd., the maximum debt amount of which is 264,00,000 won.

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