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(영문) 수원지방법원 성남지원 2018.02.09 2017가단214601
사해행위취소
Text

1. 1/2.0 of the real estate listed in paragraph 1 of the Attached List between D and Defendant A and B and the real estate listed in paragraph 2 of the Attached List 1/2.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a credit guarantee company E (hereinafter “Nonindicted Company”) on June 27, 2014, as indicated in the attached Table’s credit guarantee content.

(2) On September 13, 2016, the non-party company filed an application for rehabilitation with the Seoul Rehabilitation Court 2016 Ma100234, which was decided on October 12, 2016, and the non-party company received a decision on October 12, 2016. Ultimately, the occurrence of an accident of guaranteeing that the non-party company could not pay the principal and interest of the bank, and the Plaintiff subrogated for KRW 206,023,45 on October 1, 2016, and KRW 1,483,575,210 on October 31, 2016.

3) On April 26, 2017, the Plaintiff filed a lawsuit against Nonparty Company and D seeking reimbursement of KRW 2,692,99,594 with Seoul Western District Court Decision 2017Hu3551, and concluded a lawsuit claiming reimbursement on April 27, 2017 with regard to KRW 2,692,99,594 and KRW 1,197,640,565, respectively, from October 18, 2016 to KRW 1,483,575,210, the Plaintiff entered into a contract with the Defendants on the donation of KRW 10% per annum from the next day to the delivery date of the authentic copy of the instant payment order; KRW 15% per annum from the next day to the date of complete payment; and KRW 20% per annum from the date of the aforementioned order for payment to the date of complete payment; and KRW 15% per annum 16,2017 (hereinafter referred to as “the Defendants’ shares”).

(hereinafter “each of the instant gift agreements”). The Defendants were to file an all-round indictment with the Jeonju District Court on June 22, 2016 on each of the instant real estates with respect to one-half shares, respectively.

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