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(영문) 대구지방법원김천지원 2017.06.28 2016가단31936
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Under each credit guarantee agreement with C, the representative C, the Plaintiff issued each of the following credit guarantee agreements, and C guaranteed the principal and interest repayment obligations upon receiving a general loan from the Daegu Bank on May 30, 2006 and April 23, 2015.

The No. 1 guarantee date: E: the guarantee principal on May 30, 2006: the term of guarantee: 25,500,000 won (in cases of KRW 24,000,000): May 29, 2007 (in cases of changes to May 20, 2016): the F Guarantee Date: the guarantee principal on April 23, 2015; the term of guarantee: 32,00,000 won: the guarantee principal on April 22, 2016.

C On June 30, 2015, between the Defendant, one’s own partner, entered into a donation contract (hereinafter “instant contract”) with respect to one-six shares of the real estate stated in the purport of the claim (hereinafter “instant real estate”), and completed the registration of ownership transfer with respect to the instant real estate to the Defendant on July 3, 2015.

C. C forfeited the benefit of each of the above loans on July 20, 2015, and the Plaintiff, as a credit guarantee agent, subrogated for KRW 56,878,423 to the Daegu Bank on October 22, 2015, and collected KRW 388,920 on the same day and appropriated it for the payment by subrogation.

At the time of June 30, 2015, which was the date of the instant contract, C had an active property amounting to KRW 8,152,716 (i.e., KRW 16,300,000 x 301 x 1/6 equity) and real estate in this case and a building 1007, Gumi-si, which is equivalent to KRW 55,000,00,000, and (ii) was in excess of its obligation due to the Plaintiff’s obligation for reimbursement of KRW 56,489,503 as a small property, and the obligation of KRW 13,00,000 for the national card was in excess of its obligation.

[Reasons for Recognition] The entry of Gap evidence Nos. 1 through 4, and the inquiry result of this court's fact-finding into the old and American market, the result of this court's order to submit financial transaction information to the President of the Korea Credit Information Institute

2. Whether the fraudulent act is constituted;

A. The Plaintiff’s assertion 1 by the parties concerned is the Defendant under excess of the obligation of C.

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