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(영문) 서울북부지방법원 2015.06.02 2014가단130106
사해행위취소
Text

1. As to shares of 2/7 of each of the real estate listed in the separate sheet:

A. Defendant A and Nonparty B on October 26, 2012

Reasons

1. Facts of recognition;

A. The non-party C Co., Ltd. (hereinafter “non-party C”) is a company that carries on marine transportation, marine transportation, etc., and the non-party B was the auditor of the non-party corporation from January 2007 to March 2008. The non-party B worked as an internal director from March 2008.

B. On August 30, 2010, the Plaintiff entered into a credit guarantee agreement with the non-party company for the credit limit transaction (hereinafter “the instant credit guarantee agreement”) between August 27, 2010 and August 26, 2012. On August 30, 2010, the Plaintiff: (a) concluded a credit guarantee agreement with the non-party company for the credit limit transaction from August 27, 2010 to August 26, 2012; (b) on August 30, 2010, the Plaintiff extended the guarantee period of KRW 1,350,000,000 to August 29, 201; and (c) extended the guarantee period of KRW 1,50,000,000,000 to KRW 90,000 from the Plaintiff’s credit guarantee bank as collateral; and (d) extended the Plaintiff’s credit guarantee amount to KRW 1,500,000,000 (hereinafter “the Plaintiff’s loan”).

B On August 24, 2011, the credit guarantee agreement of this case was entered as a joint guarantor.

C. Under the instant credit guarantee agreement, when the Plaintiff performed the guaranteed obligation under the said agreement, the Nonparty Company and the joint guarantor agreed to pay the amount jointly and severally paid by the Plaintiff to the Plaintiff in addition to the amount paid by the Plaintiff, delay damages, penalty, expenses incurred in payment, and expenses incurred in the Plaintiff’s exercise of rights

On October 26, 2012, the Defendant entered into a sales contract with regard to 2/7 shares (hereinafter “each of the instant real estate”) in the separate real estate list as indicated in the separate real estate list as KRW 120,00,000 (hereinafter “instant sales contract”) with respect to each of the instant real estate as indicated in the separate real estate list, and completed a share transfer registration based on the said sale under the Defendant’s name (hereinafter “instant transfer registration”).

The officially announced value of each real estate of this case at the time of 280,169,142 =10,345.

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