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(영문) 수원지방법원안산지원 2015.04.09 2014가합23888
사해행위취소
Text

1. The contract of gift concluded on October 22, 2013 between the Defendant and B shall be revoked within the scope of KRW 75,00,000.

2...

Reasons

1. Basic facts

A. (1) On May 24, 2012, the Plaintiff concluded a credit guarantee contract and the occurrence of a guarantee accident (hereinafter “foreign company”) is a stock company C (hereinafter “foreign company”).

A) The term “the instant credit guarantee contract” and the guaranteed principal was concluded on May 23, 2013, setting the guarantee period as KRW 270 million and the guarantee period (hereinafter “instant credit guarantee contract”).

(2) On May 24, 2012, the non-party company issued a credit guarantee certificate under the instant credit guarantee contract by the Plaintiff, and on May 25, 2012, borrowed KRW 300 million from the Industrial Bank of Korea as security interest rate of 4.4% per annum, 13% per annum, 13% per annum, and due date of payment due on May 23, 2013. Meanwhile, the representative director of the non-party company B, who is the representative director of the non-party company, agreed to extend the guarantee period in the future, jointly and severally, the non-party company guaranteed the non-party company’s indemnity liability against the Plaintiff under the instant credit guarantee contract. (2) If the Plaintiff subrogated for the loan under the instant credit guarantee contract, the non-party company determined to pay by subrogation, subrogated payment (12% per annum after December 1, 2012), penalty, expenses for indemnity, etc.

3) After that, on May 21, 2013, the Plaintiff extended the term of guarantee to May 23, 2014, and on May 19, 2014, the term of guarantee was extended to May 22, 2015. However, on August 4, 2014, the occurrence of the guarantee accident stipulated in the instant credit guarantee contract was occurred as of August 2, 2014 after the non-party company delayed to pay interest on the said loan borrowed from the Industrial Bank of Korea. The Plaintiff subrogated the Industrial Bank of Korea for the transfer of ownership to KRW 272,074,339 (i.e., the principal amount of KRW 270,000,000, KRW 2,074,339) on behalf of the Plaintiff on September 1, 2014. B and the Defendant’s each real estate sale of KRW 1,000,000, KRW 301,000,00,00.

2 The defendant shall be the wife of B, and the Gu of Ansan-si from F on September 23, 2013.

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