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(영문) 대구지방법원 2016.06.23 2015나307058
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. Basic facts

A. The Plaintiff’s claim for reimbursement against B 1) The Plaintiff is a stock company C on October 24, 201 (hereinafter “foreign company”).

ii)the National Agricultural Cooperative Federation permanent permanent Sixies (hereinafter referred to as the “Agricultural Cooperative Bank”);

) In receiving a loan from the recipient, a credit guarantee agreement was concluded with a content that guarantees the maximum of KRW 240,000,000 for the principal and interest of the loan (hereinafter “the instant credit guarantee agreement”).

(2) At the time of the above credit guarantee agreement, the non-party company as the representative director and the major shareholder of the non-party company B jointly and severally guaranteed the debt of the non-party company at the time of the above credit guarantee agreement. (2) The non-party company borrowed money from the Nonghyup Bank as collateral, issued by the plaintiff

3) From April 10, 2013 to May 9, 2013, Nonparty Company was subject to a tax investigation by a permanent tax secretary. As a result of the tax investigation, Nonparty Company was notified of the collection of a total of KRW 251,901,860 to Nonparty Company. Nonparty Company voluntarily closed its business on September 2, 2013. 4) The Plaintiff subrogated for KRW 246,391,232 to the Nonghyup Bank on September 13, 2013 at the request of the Nonghyup Bank.

5) The Plaintiff filed a claim against Nonparty Company B to pay the payment order amounting to KRW 247,435,073 in total, including the amount of subrogated payment and damages for delay thereof (Seoul District Court Decision 2013 tea773), and the said court issued the payment order on October 14, 2013. The said payment order was finalized as it is (hereinafter “instant payment order”).

B. B B’s instant sales contract, etc. 1) B had a claim for the lease deposit against D Apartment No. 101 and 1003 at permanent residence. However, on April 15, 2013 under the tax investigation, E succeeded to the rights and obligations of the said leased object, and transferred the said claim for the lease deposit.

2) B: (a) on April 22, 2013, the real estate indicated in the separate sheet, the only real estate for the Defendant (hereinafter “instant real estate”).

The sale of B at KRW 45 million (hereinafter referred to as “the instant sale”).

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