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(영문) 서울중앙지방법원 2015.08.21 2015나22525
사해행위취소
Text

1. The part against the defendant B in the judgment of the first instance is revoked, and the plaintiff's claim corresponding to that part is dismissed.

Reasons

1. Facts of recognition;

A. On February 13, 2012, the Plaintiff entered into a guarantee insurance contract (payment) with the insured small and medium enterprise distribution center, the insurance amount of KRW 500 million, and the insurance period from February 15, 2012 to February 14, 2013 in order to secure the payment of damages under a sales contract and supply contract with D Co., Ltd. (hereinafter referred to as “D”) and the small and medium enterprise distribution center (hereinafter referred to as “small and Medium enterprise distribution center”), and C have the same year.

2. 14. According to the above guarantee insurance contract, D guaranteed the Plaintiff’s obligation.

B. On August 10, 2012, when D received KRW 500 million as an advance payment from the Small and Medium Enterprise Distribution Center, the Plaintiff applied for an order to pay the amount of KRW 400 million to C, a joint guarantor, after paying the insurance proceeds to the Small and Medium Enterprise Distribution Center on December 17, 2012, and filed an order to pay the amount of KRW 400 million to the Small and Medium Enterprise Distribution Center on April 19, 2013, and the above order was finalized on June 15, 2013, even though D agreed to pay the amount of KRW 500 million until November 30, 2012.

(hereinafter referred to as “the claim of indemnity of this case”). (c)

C On February 25, 2013, the Defendant, who is his/her partner, concluded a sales contract with the content that real estate listed in attached Table 1(1) (hereinafter “instant first apartment”) was sold with the purchase price of KRW 2,40,000,000 (hereinafter “instant first apartment”), and completed the registration of transfer of ownership with respect to the instant real estate as the receipt of receipt No. 28687, Mar. 5, 2013, under the premise that the sales contract was based on which the purchase price was set at KRW 2,40,000.

On the other hand, Defendant A is the same year.

4. On 19.19. Korea Bank’s acquisition of mortgage contract, and the debtor was changed from C to itself, and the maximum debt amount on the same day was reduced to KRW 210 million to KRW 184.8 million.

In addition, C also on February 26, 2013.

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