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(영문) 대전지방법원서산지원 2017.11.14 2017가단51407
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 8, 2008, the Plaintiff guaranteed the debt owed to the Bank of Korea by C Co., Ltd. (hereinafter “Nonindicted Company”) to the Plaintiff as the guarantee period of KRW 1,70 million, and the guarantee limit of KRW 1,00,000. B, the representative director of the non-party company, as the representative director of the non-party company, guaranteed the non-party company’s indemnity obligation

The above guarantee contract continued to be extended after August 8, 2009.

B. From July 4, 2016, Nonparty Company delayed the payment of principal and interest of the loan to the Industrial Bank of Korea, and on October 21, 2016, the Plaintiff repaid KRW 150,684,132 out of the loan of Nonparty Company to the Industrial Bank of Korea.

C. On January 6, 2017, the Plaintiff filed an application with the Seoul Western District Court for a payment order with respect to the non-party company B and the non-party company B jointly and severally from the above court to the Plaintiff for a payment order with respect to KRW 151,225,32 and KRW 150,684,132, the payment order (the above court ordered the payment order to pay 10% per annum from October 21, 2016 to the final service date of the original copy of the payment order, and 15% per annum from the next day to the date of complete payment (the above court No. 2016 tea952). The above payment order was finalized on January 24, 2017.

On July 4, 2016, the Defendant entered into a sales contract and a pre-sale contract with regard to each parcel of land listed in the separate sheet, and completed the registration of ownership transfer based on the above sales contract on July 5, 2016, and completed the registration of ownership transfer based on the land listed in paragraph (1) of the separate sheet on July 5, 2016, and completed the principal registration on January 18, 2017, following the completion of the registration of the right to claim ownership transfer based on the aforementioned pre-sale agreement on July 5, 2016.

As of July 5, 2016, the land listed in paragraph (2) of the attached Table No. 2 as of July 5, 2016, unlike the land category, is installed with a fish farm facility, and it is impossible to transfer ownership before it is restored to the original state, the Defendant and B shall restore the fish farm facility to the original state.

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