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(영문) 서울중앙지방법원 2020.11.20 2019나83177
사해행위취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. Facts of recognition;

A. In order to secure the repayment of the principal and interest of loan to A (hereinafter “C”), the Plaintiff entered into a credit guarantee agreement with A as of June 27, 2013, with the amount of credit guarantee principal and interest of KRW 15,000,000 (100%) (15,000), the amount of loan as of June 27, 2018, ② the amount of credit guarantee principal and interest of KRW 15,00,000 (10% of the amount of credit guarantee principal and interest of KRW 15,000 (10% of the amount of credit guarantee), May 13, 2016 (the extension to May 10, 2019), ③ the credit guarantee agreement with the credit guarantee agreement as of June 9, 2017, with each credit guarantee agreement as of June 27, 200 (15,300,000,000 won).

(hereinafter “each credit guarantee agreement of this case”). (b)

A submitted a letter of credit guarantee issued by the Plaintiff under each of the credit guarantee agreements in this case and received loans from C, respectively, of KRW 15,000,000 on June 27, 2013, and KRW 15,000,000 on May 14, 2015, and KRW 17,000,000 on June 12, 2017.

C. The Defendant’s mother lent KRW 30,000,000 to A on November 30, 2015, and KRW 5,000,000 on December 1, 2015, and KRW 30,000,000 on December 30, 2016, and Party A repaid KRW 5,00,000 among them.

A, on August 8, 2016, leased part of the lease deposit amounting to KRW 40,000,000 and KRW 2,500,000 per month of rent (hereinafter “instant commercial building lease contract”).

E. On February 7, 2018, A determined that the Defendant succeeds to the purchase price of KRW 135,00,000,000, and the lease deposit of KRW 110,000,000 for the instant real estate as indicated in the separate sheet (hereinafter “instant real estate”) to the buyer, and sells the instant real estate as payment for the obligation indicated in the said paragraph (hereinafter “instant sales contract”). On February 13, 2018, the Seoul Northern District Court’s Dobong registry office received on February 13, 2018 (hereinafter “instant ownership transfer registration”).

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