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(영문) 대구지방법원 김천지원 2018.04.05 2017가단35010
사해행위취소
Text

1. The contract of donation concluded on May 24, 2017 between the Defendant and C is revoked.

2...

Reasons

1. Facts of recognition;

A. 1) The Plaintiff Company D (hereinafter “D”)

B) From March 26, 2015 to May 23, 2016, the credit guarantee agreement was concluded five times, and C jointly and severally guaranteed it. 2) D obtained a credit guarantee agreement from the Plaintiff, and obtained a loan from the E bank, and lost the interest due to delay in principal on June 21, 2017.

3) On September 18, 2017, the Plaintiff subrogated to the Bank for D’s loan. 4) The Plaintiff applied for a payment order against D and C for the payment of indemnity amount. On November 16, 2017, the Plaintiff received a payment order from the Daegu District Court for “D and C jointly and severally with the Plaintiff for KRW 1,501,242,029 and KRW 1,501,239,88 among them, 10% per annum from September 18, 2017 to December 3, 2017, and 15% per annum from the following day until the date of full payment (Seoul District Court Decision 2017Da182,8060), and the above amount became final and conclusive as to December 17, 2017, respectively.

(2) The Plaintiff’s claim against C (hereinafter “instant claim for indemnity”). B.

On May 24, 2017, C entered into a gift agreement with the Defendant, the spouse, and the real estate listed in the separate sheet (hereinafter “instant real estate”). After this framework, the Daegu District Court received on May 26, 2017 the ownership transfer registration under the name of the Defendant (hereinafter “instant ownership transfer registration”) pursuant to the receipt No. 25808, Daegu District Court’s receipt on May 26, 2017.

C. C’s property status is active property at the time of the instant donation agreement, and there was no property other than the instant real estate, while it was a small property, there was KRW 287,313,233 of a housing loan obligation with a small property.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 8, and 10 evidence (if there are serial numbers, including branch numbers; hereinafter the same shall apply) and information about the land of the Gyeongbuk-do Office of this Court.

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