logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.12.30 2014가단106748
사해행위취소
Text

1. The sales contract concluded on May 27, 2013 between the defendant and the non-party A with respect to each real estate listed in the separate sheet was 16.

Reasons

1. Basic facts

A. On June 21, 2012, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with A, which is between June 21, 2012 and June 2013, including the credit guarantee principal of KRW 75,200,00 and the credit guarantee period of KRW 75,20,000.

B. The Plaintiff changed the guarantee principal of the instant credit guarantee contract to KRW 67,680,00 and the guarantee period to June 20, 2014.

C. Meanwhile, according to a credit guarantee agreement entered into with the Plaintiff, where A fails to perform the guaranteed obligation, A agreed to pay to the Plaintiff the principal and interest on the payment, damages in accordance with the interest rate set by the Plaintiff, compensation for the execution and exercise of the claim, and expenses incurred in litigation in the legal procedure therefor. The interest rate set by the Plaintiff is 12% per annum from December 1, 2012 to the date.

A was issued a credit guarantee certificate from the Plaintiff under the instant credit guarantee contract, and was loaned KRW 94,00,000 from the National Bank in the absence of an ordinary national bank.

E. A caused a credit guarantee accident on November 19, 2013. On February 7, 2014, the Plaintiff subrogated for KRW 67,984,945 to the National Bank under the instant credit guarantee contract, and paid KRW 247,170 to the cost of preserving the claim.

F. On May 27, 2013, A sold each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to the Defendant for KRW 430,00,000 (hereinafter “instant sales contract”). On May 28, 2013, A completed the registration of ownership transfer for each of the instant real estate on the grounds of sale on May 27, 2013.

G. around May 27, 2013, the aggregate market price of the instant real estate is KRW 667,070,000; A does not have any active property other than the instant real estate at the time of May 27, 2013; and around that time, a small property does not have any active property. Around that time, a small property is KRW 53,00,000 ( KRW 4,000,000 KRW 24,000,000 KRW 20,000,000,000 KRW 20,000,000,0000,000 KRW 30,000,000,000 for Samsung Card; and a debt of KRW 89,93,000,000 for Samsung Card; and a lender corporation.

arrow