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(영문) 서울중앙지방법원 2015.12.11 2014가단5005824
사해행위취소
Text

1. As to each real estate listed in the separate sheet:

A. It was concluded on December 19, 201 between the Defendant and Nonparty B.

Reasons

1. Basic facts

A. The Plaintiff’s claim for reimbursement against Nonparty B 1) The Plaintiff is Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”).

B Between the following credit guarantee agreements (hereinafter referred to as “each credit guarantee agreement of this case”)

(1) The guarantee period of the first credit guarantee agreement: (1) on November 28, 2008 to November 27, 2009 (in the case of the first credit guarantee agreement, until November 23, 2012): the principal of the guarantee (in the case of the second credit guarantee agreement, until November 23, 2012): KRW 228,00,000 (in the case of the second credit guarantee agreement, as KRW 204,00,000): KRW 24,00 (in the case of the second credit guarantee agreement, later 95%, later 85%): the guarantee period of the second credit guarantee agreement; (2) on November 10, 201 (in the case of the second credit guarantee agreement, the loan amount was changed to KRW 205,00,000; and (3) on November 26, 2005 (in the case of the second credit guarantee agreement) the principal of the loan was changed to KRW 200,500,500,000,000

On November 26, 2012, the Plaintiff claimed for the reimbursement of the guaranteed liability from the Industrial Bank of Korea and repaid the Bank of Korea KRW 258,39,887 on behalf of the non-party company.

3) After collecting part of the above subrogation amount, the Plaintiff filed a lawsuit for indemnity amount claim against the non-party company and B as the court 2013da5010904. On July 4, 2013, the above court rendered a judgment that “the non-party company and D jointly pay to the Plaintiff KRW 223,441,365 and delay damages for KRW 222,230,433 among them,” and the above judgment became final and conclusive around that time (hereinafter referred to as “the Plaintiff’s claim based on the above judgment”), and the obligation between the non-party company and B is “the obligation for indemnity amount of this case.”

B. B. The instant mortgage contract was concluded 1) B

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