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(영문) 수원지방법원 2016.01.21 2015가합64141
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff Co., Ltd. (hereinafter “B”)

between B and B, the National Bank of Korea, Inc. (hereinafter referred to as “National Bank”);

3) The Bank of Korea, Inc. (hereinafter referred to as “Korea Bank”);

(2) A new bank (hereinafter referred to as “new bank”)

2) On the other hand, each credit guarantee contract (each credit guarantee contract of this case is referred to as the "credit guarantee contract of this case" and a total of three credit guarantee contracts are referred to as the "each credit guarantee contract of this case" as follows:

(1) On August 13, 2008, the Plaintiff: (a) on August 12, 2015, changed on August 13, 2015, to KRW 250,500 million; (b) on August 7, 2010, changed to KRW 184,680,000; (c) on August 6, 2010, as of August 30, 2015, changed to KRW 30 million; (d) on June 12, 2014, changed to KRW 216,00,000,000,000 as of KRW 30,000,000,000; and (e) on June 12, 2014, the Plaintiff received KRW 300,000,000 from the new bank; and (e) on June 13, 2015, the Plaintiff received KRW 6300,000,00 Korean bank.

B. The Defendant disposed of each of the instant real property from March 2012 to July 2014. The Defendant traded goods from March 2, 2012 to July 17, 2014, and the Defendant’s claim for the payment of goods against B, which was finalized as of July 17, 2014, is KRW 41,074,658.

In purchasing each of the instant real estate from B on July 17, 2014, the Defendant, on behalf of the Defendant, paid KRW 700 million out of the secured debt amount of KRW 1.388 billion in the name of the Industrial Bank of Korea established in each of the instant real estate (the secured debt is KRW 1.155 million), and cancelled the said secured debt by subrogation, and paid KRW 350 million out of the Defendant’s goods price claim against B, by offsetting the purchase price.

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