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(영문) 서울중앙지방법원 2016.04.06 2015가합568645
구상금 및 사해행위 취소의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement as set out in the following table in order to guarantee the payment of the principal and interest of the loan, when Nonparty E Co., Ltd. (hereinafter “Nonindicted Company”) receives each loan from the bank in Korea and the new bank.

D

B. The non-party company was granted a loan from each of the above lending banks as security by the letter of credit guarantee issued by the plaintiff based on the above credit guarantee agreement.

Co-defendant D, as the representative director of the non-party company at the time, guaranteed all debts owed by the non-party company to the plaintiff according to the above credit guarantee agreement.

C. According to the above credit guarantee agreement, when the plaintiff performed the guaranteed obligation, the non-party company and the joint guarantor immediately redeems the amount of the guaranteed obligation and the expenses incurred in compensating for damages, penalty, and rights acquired through the performance of the guaranteed obligation from the date of repayment to the date of repayment of the guaranteed obligation.

On July 1, 2015, the non-party company filed an application for rehabilitation under the Debtor Rehabilitation and Bankruptcy Act, and each of the above lending banks notified the Plaintiff of the occurrence of a guarantee accident as stipulated in the above credit guarantee agreement. On July 29, 2015, the Plaintiff subrogated to each of the above lending banks the total amount of KRW 489,976,494 for the loan principal and interest of the non-party company to the above lending bank.

E. On the other hand, on June 24, 2015, Co-Defendant D entered into a real estate sales contract with the Defendants on the real estate listed in the separate sheet (hereinafter “instant real estate”) with the purchase price of KRW 200 million (hereinafter “instant sales contract”). Based on the above sales contract, the Seoul Western District Court completed the registration of transfer of ownership as to each of the said real estate shares of KRW 1/3 of the aforementioned real estate to the Defendants under the receipt No. 46923, Jun. 25, 2015.

F. From June 2015 to June, 2015, co-defendant D’s real estate of this case.

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