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(영문) 대구지방법원서부지원 2016.03.23 2015가단36567
사해행위취소
Text

1. The reservation to purchase and sell real estate entered into on April 13, 2015 between the Defendant and B shall be revoked.

2...

Reasons

1. Basic facts

A. On June 2, 2014, the term of guarantee for the principal of the credit guarantee principal, which is the date of the agreement No. B related to the Plaintiff’s preservation claim No. 1185,000,000 won as joint and several surety for the term of guarantee for the principal of the credit guarantee, as of June 2, 2014, B B, 2015, E 85,000,000 won as of July 1, 2014, the Plaintiff Co., Ltd. (hereinafter “foreign Co., Ltd.”).

(2) The credit guarantee agreement with the following terms and conditions (as the order may be referred to in paragraphs (1) and (2) and the combination shall be referred to in each of the instant agreements:

(2) In each of the instant agreements, the non-party company and B agreed to compensate for the amount of the Plaintiff’s subrogation and the amount of damages determined by the Plaintiff after the date of performance, expenses incurred in the performance of the obligation, and damages for delay at the rate determined by the Plaintiff.

3) A non-party company was granted loans of KRW 258,973,812 from the Industrial Bank of Korea on June 3, 2014 under the Plaintiff’s credit guarantee under the first agreement, and was granted loans of KRW 950,000,000 from the Industrial Bank of Korea on July 8, 2014 under the Plaintiff’s credit guarantee under the second agreement. (4) A non-party company incurred a credit guarantee accident where the non-party company delayed repayment of principal and interest on April 20, 2015 and lost the benefit of time, and pursuant to the second agreement on June 26, 2015, the Plaintiff paid KRW 90,695,307, and KRW 258,973,812 from the Industrial Bank of Korea on behalf of the Plaintiff under the first agreement on subrogation, and collected KRW 3,358,600 from the amount of subrogation under the first agreement on the same day until December 3, 2015.

B. B’s disposal act was completed on April 13, 2015 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) by the Defendant, the registration of the right to claim transfer of ownership was completed on the ground of the pre-sale agreement (hereinafter “instant pre-sale agreement”) under Article 82782 of the Daegu District Court’s receipt on April 13, 2015.

【Ground of recognition】 There is no dispute, A.

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