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(영문) 부산지방법원 2015.06.04 2014가합53113
사해행위취소
Text

1. As to each corporeal movables listed in the separate sheet between the Defendant and Nonparty Co., Ltd., the Defendant and Nonparty Co., Ltd., on January 2014.

Reasons

Basic Facts

A. The Plaintiff was established pursuant to the Korea Technology Credit Guarantee Fund Act and entered into a credit guarantee agreement with the Sung Chang Cable Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”). The Defendant is a corporation that entered into a payment contract with Nonparty Co., Ltd. for each of the corporeal movables listed in the separate sheet (hereinafter “instant corporeal movables”).

On September 10, 2015, the Guarantee Date Guarantee Bank 12, 2042080802426,200,000 won (48,875,000 won) on September 10, 2015, Korea Bank 20420,000,000 won on October 4, 201, 201, 20420,000 won on September 4, 2012, 2013 Industrial Bank of Korea on December 12, 2013, the Industrial Bank of Korea 20420130,50,000 won on December 12, 2014.

B. The Plaintiff entered into a credit guarantee agreement with the non-party company and issued a credit guarantee letter to the non-party company for the repayment obligation of loans from a financial institution as listed below.

C. After receiving a loan from each of the above lending banks under the above credit guarantee, the non-party company delayed interest from September 8, 2014. The Plaintiff repaid each of the KRW 49,519,896 to our bank on November 26, 2014 upon the request for the performance of the guaranteed obligation by the Bank and the Bank, and KRW 231,378,105 to the Industrial Bank of Korea.

On the other hand, the defendant has supplied the non-party company for a long period of time with the tuition fee, etc., and around August 31, 2014, the attempted amount to be paid by the non-party company was reached KRW 768,946,187.

On September 2, 2014, the non-party company and the defendant drafted a sales contract (Evidence B No. 4-1) stating that the corporeal movables in this case owned by the non-party company will be transferred to the defendant by payment in lieu of the 50,000,000 won out of the total amount of the non-party claim.

(hereinafter “instant accord and satisfaction contract”). On October 14, 2014, the Defendant re-transfer the instant corporeal movables to the Taecheon River Co., Ltd., and removed the instant corporeal movables from October 23, 2014 to October 27, 2014.

[Based on recognition] Gap evidence 1 to 5, and

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