(영문) 인천지방법원부천지원 2014.04.25 2013가단11081

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(영문) 인천지방법원부천지원 2014.04.25 2013가단11081

사해행위취소

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

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

Reasons

1. Facts of recognition;

A. On November 17, 2006, the Plaintiff issued a credit guarantee certificate with the guaranteed principal of KRW 272 million (250 million was changed to KRW 258,400,000), the guarantee term extended on November 16, 2007 (which was extended on November 11, 201), the national bank of the lending bank as the branch office of the lending bank, and ② on February 25, 2009, the credit guarantee certificate with the guarantee principal of KRW 190,000 (180,000 won was changed to KRW 180,000,000,000,000,000 won, the guarantee term was changed to KRW 30,000,000,000,000,000,000 won, and ③ the credit guarantee certificate with the loan principal of KRW 101,01,000,000,00,000 for the lending Bank.

C with respect to the credit guarantee stated in paragraph (1), the non-party company was jointly and severally liable for the debt owed by the non-party company to the plaintiff, and the non-party company was (2) and (3) for each credit guarantee to the plaintiff.

In accordance with the above credit guarantee agreement, the non-party company received loans from the national bank KRW 320 million, and C received from the corporate bank KRW 20 million and KRW 120 million.

B. On October 21, 2011, and C, on the 25th of the same month, lost all the benefit of each of the above loans, and the Plaintiff subrogated for KRW 261,554,179 to the National Bank on November 24, 201 in subrogation of the non-party company, and KRW 288,010,513 to the Corporate Bank on January 17, 2012 in subrogation of C.

Pursuant to each subrogation above, C shall bear the obligation to pay for the plaintiff 552,734,022 and damages for delay.

(hereinafter “instant claim”). C. The Plaintiff’s above claim (hereinafter “instant claim”).

With respect to the first sale of real estate owned by C, the first provisional registration under the name of Defendant A was made, and the second provisional registration was made under the name of Defendant B on the basis of the second sale promise. D.

At the time of conclusion of each reservation for purchase and sale, C was in excess of obligations.

The defendants.

유사 판례

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-서울중앙지방법원 2016.10.28 2015가단5305453 (1)

-광주지방법원 2020.12.10 2020가합51681