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(영문) 전주지방법원 군산지원 2018.10.25 2017가단56405
사해행위취소
Text

1. As to shares of 1/2 of each real estate listed in the separate sheet:

A. It was concluded on October 24, 2016 between the Defendant and B.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim against B (hereinafter “instant claim”) 1) on August 1, 2013, the Plaintiff is a stock company C (hereinafter “Nonindicted Company”) on August 1, 2013.

Representatives B:

(B) Between the departments, the amount of security deposit of KRW 85 million, general loan for loan to the branch of the loan, and the term of guarantee was extended on August 1, 2014 ( August 3, 2017).

(i) the credit guarantee agreement prescribed by the credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”).

(2) On August 2, 2013, Nonparty Company borrowed KRW 100 million from the Jeonbuk Bank as security for a guarantee under the credit guarantee agreement of this case.

3) Upon entering into the instant credit guarantee agreement, B jointly and severally guaranteed all obligations owed by the non-party company to the Plaintiff. 4) The non-party company did not pay interest on the above North Korean bank and caused a guarantee accident on June 14, 2017.

Accordingly, on October 19, 2017, the Plaintiff acquired the claim for indemnity against the non-party company and B by subrogationing the former bank for KRW 86,44,068 (hereinafter “instant claim for indemnity”), and the interest rate determined by the Plaintiff regarding the amount of performance of the said obligation (payment by subrogation), shall be 10% per annum from October 19, 2017, which is the date of subrogation, to the date of closing the argument in this case. The expenses incurred for the enforcement and preservation, etc. of the instant claim for indemnity are 1,035,890 won, and additional guarantee fees are 336,270 won.

B. B and the Defendant (which appears to be the wife of B) completed the registration of ownership transfer on September 27, 2010 with 1/2 shares of each real estate listed in the separate sheet.

C. On June 9, 2016, the Gunsan-si seized 1/2 shares of each real estate listed in the separate sheet No. B.

(The attachment was cancelled on October 21, 2016) d.

B On October 24, 2016, the Defendant entered into a contract with the Defendant to donate 1/2 shares of each of the real estate listed in the separate sheet, which is the only property between the Defendant and the Defendant (hereinafter “instant donation contract”), and the Defendant’s name as to 1/2 shares of each of the real estate listed in the separate sheet in the name of B on the same day.

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