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(영문) 광주지방법원 2014.12.18 2013가합51072
사해행위취소
Text

1. The cancellation of a sales contract for machinery and appliances listed in the separate sheet No. 4, among the instant lawsuits, and restitution therefrom.

Reasons

1. Basic facts

A. A. A. (1) The Defendant Company A (hereinafter “Defendant Company”) entered into a credit guarantee agreement with the Plaintiff and the Defendant Company A (hereinafter “Defendant Company”) on July 29, 201, regarding the guarantee principal of KRW 270 million and the guarantee term until July 27, 2012 (finally changed to July 26, 2013), and received a loan of KRW 300 million from the Industrial Bank of Korea (hereinafter “the Bank”) on August 2, 2011.

Defendant B jointly and severally guaranteed the obligation to be borne by the Defendant Company to the Plaintiff pursuant to the above credit guarantee agreement.

(2) On December 24, 2012, Defendant Company lost the benefit of time due to the repayment of principal on the said loan obligation.

Accordingly, on February 27, 2013, the Plaintiff subrogated for KRW 273,701,307 in total to the Industrial Bank of Korea, and collected KRW 3,514,760 among them, and the balance of the subrogated principal was 270,186,547 won (=273,701,307 - 3,514,760 won), and there was 1,155 won for the fixed delay damages.

B. On September 17, 2012, the Defendant Company entered into a sales contract with the Defendant Meteno Co., Ltd. (hereinafter “Defendant Meteno”) on each of the real estate listed in paragraphs (1) through (3) of the attached Table 1 (hereinafter “each of the real estate”; the combination of the above real estate collectively referred to as “each of the instant real estate”) and the machinery listed in paragraph (4) of the attached Table (hereinafter “the instant machinery”) with regard to purchase price of KRW 980,00,000 (hereinafter “the instant sales contract”), and completed the registration of ownership transfer with regard to each of the instant real estate on October 16, 2012.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, 8, 9, Eul evidence 1, the purport of the whole pleadings

2. According to the facts of the recognition of the claim for reimbursement against the Defendant Company and B, the Defendant Company and B jointly and severally held with the Plaintiff KRW 270,187,702 (i.e., the balance of the subrogated principal KRW 270,186,547) and the aforementioned KRW 270,155,186.

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