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(영문) 서울서부지방법원 2016.02.04 2015가합33519
사해행위취소
Text

1.(a)

G and Defendant B, C, D, and E on January 10, 2013 with respect to each common share of 20,000 shares issued by Defendant FF Co., Ltd.

Reasons

Basic Facts

Defendant A is the denial of G, and Defendant B, C, D, and E are children of G.

(hereinafter) Defendant A, B, C, D, and E are “Defendant A, etc.”; Defendant B, C, D, and E are “Defendant B, etc.”; the Plaintiff entered into a credit guarantee agreement with H Co., Ltd. (hereinafter “H”) on July 5, 201 with the credit guarantee period from July 5, 201 to July 4, 2012; and 1.20 million won on July 4, 2012, the credit guarantee period was extended to July 3, 2013.

(hereinafter “instant credit guarantee agreement”). On July 4, 2012, G, the actual manager of H and I, as the representative director of H, jointly and severally guaranteed a claim for reimbursement against the Plaintiff of H under the instant credit guarantee agreement within the scope of KRW 600 million.

(hereinafter referred to as “instant joint and several guarantee agreement”). H was loaned KRW 1.5 billion from the National Bank of Korea (hereinafter “National Bank”) in accordance with the instant credit guarantee agreement.

G on October 25, 2012, held 250,000 shares of common shares (hereinafter “Defendant Company”) issued by Defendant FF Co., Ltd. (hereinafter “Defendant Company”) (hereinafter “Defendant Company”). From December 31, 2012, G transferred 70,000 shares to J and held 70,00 shares to K, and 30,00 shares of Defendant Company (hereinafter “Defendant Company”).

G transferred 80,000 shares of the Defendant Company to Defendant B, etc. on January 10, 2013, respectively.

On March 7, 2013, Defendant A acquired 20,000 shares of Defendant A by exercising the preemptive right on the basis of bonds with warrant to the existing Defendant Company.

H From February 28, 2013, a guarantee accident occurred due to delinquency in the repayment of a loan to a national bank. On April 30, 2013, the Plaintiff subrogated the national bank to pay the principal and interest of a H to KRW 1,225,197,172.

On May 7, 2013, the Plaintiff filed an order with H, G, and I for a payment order seeking reimbursement under this Court’s subrogation. This Court applied to H, G, and I on May 29, 2013.

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