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(영문) 의정부지방법원 고양지원 2017.02.08 2016가단83576
사해행위취소
Text

1. The contract for the transfer and takeover of bonds entered into between the defendant and B on November 20, 2014 shall be revoked.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) concluded a credit guarantee agreement with the Plaintiff under joint and several sureties, and received loans from the Industrial Bank of Korea and the Korea CTR Bank as security.

The above credit guarantee agreement provides that a prior right to indemnity shall accrue to the Plaintiff in the event of a credit guarantee accident. On November 10, 2014, a credit guarantee accident occurred due to the loss of the benefit of time.

On March 17, 2015, the Plaintiff filed a lawsuit against B seeking reimbursement against the said bank on behalf of C, and subsequently filed a lawsuit against B on May 17, 2016, stating that “B shall jointly and severally with C pay the Plaintiff KRW 456,409,082 and delay damages.”

The above judgment became final and conclusive around that time.

B. On November 20, 2014, B transferred the claims indicated in the attached list to the Defendant and notified D of the fact of transferring the claims to D who is the debtor.

At the time of the assignment of claims, B did not hold any specific property except for the claim for the refund of the lease deposit amount of KRW 110,000,000 against D, and was in excess of the obligation due to the financial institution's burden of large amount of the obligation.

The defendant is the spouse of the birth partner B.

[Reasons for Recognition] The entry of Gap evidence Nos. 1 and 4, the result of this court's order to submit taxation information about the high-sea market, the result of order to submit credit information to the Korea Credit Information Institute, the purport of

2. Determination

A. According to the fact that the obligee’s right of revocation was created, the Plaintiff’s right of revocation becomes a preserved claim against B.

B Since the shortage of common security of general creditors has deepened by transferring the claims listed in the attached list to the Defendant, the said assignment of claims constitutes fraudulent act in relation to the Plaintiff, which is the obligee.

B seems to have been aware of the fact that the joint security in the state of shortage is more deficient due to the assignment of credit, and as long as the intention of the debtor B is recognized.

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