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(영문) 수원지방법원 2019.05.21 2018나91193
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) D Co., Ltd. (hereinafter “Nonindicted Company”)

(1) On November 11, 2014, the Plaintiff entered into a credit guarantee agreement (Guarantee Number E), and obtained a loan of KRW 360,000,000 from the Industrial Bank of Korea on November 11, 2014, and entered into a credit guarantee agreement (Guarantee Number F) on November 11, 2014, and obtained a loan of KRW 480,000 from the G Bank on November 11, 2014, with a credit guarantee certificate issued based thereon, and received a credit guarantee agreement of KRW 480,00,000 from the G Bank on November 9, 2017 (Guarantee Number H), and obtained a loan of KRW 690,00,000 from the representative director of the I Bank on November 10, 2017.

3 The Non-Party Company delayed the payment of interest on each of the above loans from March 11, 2018 due to the aggravation of its financial standing, and was in arrears on April 27, 2018, and the Plaintiff as a guarantor from July 18, 2018.

7. Until December 25, 200, the sum of the principal and interest of each of the above loans was 1,321,012,572 by subrogation.

The plaintiff recovered KRW 3,236,040 among them, and among the legal procedural costs incurred for the preservation and recovery, the outstanding amount is KRW 174,019.

B. On April 4, 2015, the Jeju District Court received on April 19, 2018, as the receipt of No. 399222 on April 19, 2018, with respect to the instant real estate, the ownership transfer registration under the Defendant’s name (hereinafter “instant ownership transfer registration”) was completed with respect to the instant real estate, which was disposed of by 170/13821 square meters of B forest and fields (hereinafter “instant real estate”).

C. C’s active property value is KRW 16,473,00 ( KRW 9,690 x 13,821 x 1,700/13,821 x 1,821 x 1,700/13,821)’s active property value) small property 2) small property ① a debt equivalent to KRW 122,156,000 against a corporate bank. ② A debt equivalent to KRW 48,00,000 against a G bank ③ A debt equivalent to KRW 289,562,00 against the I bank.

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