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(영문) 광주지방법원목포지원 2016.10.26 2016가단2930
사해행위취소 등
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Basic facts

A. On October 23, 2013, the Defendant’s birth C entered into a credit guarantee agreement with the Plaintiff (hereinafter “the instant credit guarantee agreement”). Around October 23, 2013, the Plaintiff received a loan of KRW 30,000,000 from the Gwangju Bank (hereinafter “Gwanju Bank”) by obtaining a credit guarantee certificate stipulated by the Plaintiff as the guaranteed amount of KRW 30,000,000 and until October 22, 2018.

The contents related to this case in the credit guarantee agreement of this case are as follows.

Article 4 (Obligation to Fulfill Principal Obligations) The principal shall pay all principal and subordinate obligations of the principal and subordinate obligations guaranteed by the Foundation by the due date, so that the Foundation may not perform the guaranteed obligations.

Article 5 (Prior Indemnity) (1) Where any of the following events occurs to the principal even if it has any of the following causes, the Foundation may make a prior indemnity without prior notice or demand, and in such cases, the principal and the joint guarantor shall bear the obligation for the prior repayment without objection:

1. Where he/she violates Article 4;

8. Where a foundation receives a notification of a credit guarantee accident or a request for the discharge of guaranteed liability from a creditor of credit guarantee under this agreement and from among other creditors of credit guarantee under such other agreement;

B. On October 23, 2015, C entered into the instant sales contract with the Defendant to sell the instant shares to the Defendant. On the same day ( October 23, 2015), C completed the registration of transfer of ownership, such as the purport of the claim, with respect to the instant shares, to the Defendant.

C. Meanwhile, at the time of the conclusion of the instant sales contract, C owned the instant shares as active property (as approximately KRW 70,000,000 at the market price), and C was obligated to pay a total of KRW 121,922,00,000, including a loan amount of KRW 90,000,000, and a loan balance of KRW 17,50,000 to the Gwangju Bank, and paid a total of KRW 121,92,00,00 at the competent tax office.

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