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(영문) 수원지방법원안양지원 2016.11.24 2016가단103697
사해행위취소
Text

1. The sales contract concluded on September 17, 2015 between the Defendant and B is revoked.

2...

Reasons

Comprehensively taking account of the overall purport of the arguments as indicated in the evidence Nos. 1 through 9, the Plaintiff entered into a credit guarantee contract with C on March 20, 2015 with the representative director of C on March 18, 2016 under the joint and several guarantee bond No. 90 million won under C’s joint and several guarantee guarantee term, and on March 18, 2016. C borrowed KRW 1 billion from the Industrial Bank of Korea as security. On October 21, 2015, the Plaintiff lost interest due to overdue payment of interest; the Plaintiff subrogated to the Industrial Bank of Korea on December 4, 2015; the Plaintiff entered into a credit guarantee contract No. 906,093,493 with the Defendant on September 17, 2015, which was immediately before the occurrence of the credit guarantee accident No. 13350, Feb. 24, 2015 under the name of the Defendant and the registration of ownership transfer as to the real estate No. 24200,500.

According to the above facts, although the plaintiff's claim for indemnity was not created at the time of the conclusion of the contract of this case, in light of the fact that the credit guarantee contract was already concluded which forms the basis for establishing the claim for indemnity, and that the credit guarantee accident occurred on October 21, 2015, which was immediately after the conclusion of the contract of this case, there was a high probability as to the establishment of the claim for indemnity in the near future legal relations at the time of the conclusion of the contract of this case. In fact, on December 4, 2015, the plaintiff was highly probable by subrogation to the Industrial Bank of Korea under the credit guarantee contract of this case, and the plaintiff bears the liability for indemnity against the plaintiff. Thus, the plaintiff's claim for indemnity against B becomes the preserved claim of creditor's right

In addition, the sales contract with the defendant on the real estate in excess of the debt of B is concluded.

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