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(영문) 수원지방법원 2016.12.15 2015가단132894
사해행위취소
Text

1. The sales contract concluded on August 1, 201 between B and the Defendant with respect to the real estate listed in the separate sheet shall be revoked.

2...

Reasons

1. Basic facts

A. The conclusion and content of a credit guarantee contract and the Plaintiff and C have concluded a credit guarantee agreement with respect to the obligations borrowed from an enterprise bank as follows:

On May 25, 2012, 200 C, 248,000,000 C on May 24, 2012, 2012, 200, i.e., joint and several guarantors of the lending guarantee period (based on extension period) the lending period (based on extension period) of the lending guarantee period, made an agreement to pay the amount to the Plaintiff when it was paid by the Plaintiff to the enterprise bank in subrogation of the Plaintiff due to C’s failure to repay the above lending obligation to the enterprise bank.

B jointly and severally guaranteed the debt of C to the plaintiff according to the above credit guarantee contract.

B. On January 31, 2012, the amount of a credit guarantee accident and the subrogated amount of a loan bank as of the date of the payment by the plaintiff's subrogation on the date of the guarantee contract, which was 251,302,714 won by an enterprise bank under the credit guarantee contract issued by the plaintiff under the credit guarantee contract as of January 31, 2012, but did not pay the loan even though the payment was made by the enterprise bank under the guarantee under the credit guarantee contract issued by the plaintiff, but the interest of the above loan was lost, and the plaintiff subrogated

C. In order to preserve the claim for reimbursement due to the above subrogation, the Plaintiff spent the expenses incurred in preserving the claim against the real estate owned by C, etc. and recovered part of the expenses, but did not recover KRW 5,051,703 up to now.

The plaintiff collected KRW 1,172,050 on the date of subrogation among the amount of subrogation under the above credit guarantee contract, and the amount of finalized damages incurred therefrom is KRW 481.

E. The debt amount against the Plaintiff in B is eventually ;

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