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(영문) 대구지방법원 2019.11.21 2019가합200892
사해행위취소
Text

1. The sales contract concluded on November 30, 2016 between the Defendant and B on real estate listed in the separate sheet was 185,740.

Reasons

1. Basic facts

A. The status of the party is a juristic person established for the purpose of guaranteeing the debt of an enterprise with weak collateral but with good credit standing, and B is the representative director of C Co., Ltd. (hereinafter “C”).

B. A claim for indemnity against B (1) The Plaintiff entered into a credit guarantee agreement with C (hereinafter “instant credit guarantee agreement” in accordance with the sequence described below, and each of the above credit guarantee agreements was jointly and severally guaranteed by B pursuant to each of the above credit guarantee agreements.

On October 28, 2010, 201 D 1D 1D 1D 206,600,000 won guaranteed on the date of guarantee number guarantee (the extended as of March 21, 2014) 2 E 2 E on October 31, 2010 (the extension as of October 25, 2013), 506,600,000 won (the extension as of October 25, 2013) 3 F 3F 3,00 on December 16, 2010 (the extension as of March 21, 2014) pursuant to the instant credit guarantee agreement of KRW 475,00,000 (the extension as of December 13, 2013), 500,000 won (the instant loan agreement of KRW 500,500,000,00,000).

(3) Since then C’s application for commencing rehabilitation procedures and loss of the benefit of time due to the occurrence of a credit guarantee accident, the Plaintiff subrogated for KRW 1,351,481, respectively, of the principal and interest of KRW 987,303,759 (interest of KRW 980,530,048), and the principal and interest of KRW 364,667,722 (interest of KRW 363,027,63) to H (interest of KRW 1,640,639), around November 2013.

C. On November 30, 2016, the instant sales contract and mortgage cancellation (1) B entered into a contract to sell each real estate (hereinafter “instant real estate”) listed in the separate sheet (hereinafter “instant sales contract”) to the Defendant, who is the wife, for the purchase price of KRW 340,000,000,000 (hereinafter “instant sales contract”), and on December 1, 2016.

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