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(영문) 대구지방법원 2017.12.14 2016가단126569
사해행위취소
Text

1.(a)

On October 2, 2015, Defendant A and D signed on October 2, 2015 regarding the real estate listed in the attached list 1 and 2 between Defendant A and D.

Reasons

1. Facts of recognition;

A. On April 30, 2014, September 24, 2014, and May 26, 2015, the Plaintiff issued a credit guarantee certificate for bank loans to D Co., Ltd. (hereinafter referred to as D) on May 26, 2015, and E provided a joint and several guarantee for the obligation under the said credit guarantee, including a reimbursement obligation to D Plaintiff.

On December 23, 2015, a credit guarantee accident occurred due to the due date delay, and the Plaintiff subrogated 272,771,223 won to the lending bank on May 26, 2016.

B. The Plaintiff filed an application with the Daegu District Court No. 2016 tea7154 for a payment order seeking reimbursement against the said D and E.

On June 27, 2016, D and E jointly issued an order to pay the Plaintiff KRW 274,384,791 and KRW 272,771,223, among them, 10% per annum from May 26, 2016 to the service date of the payment order, and 15% per annum from the next day to the payment date. The payment order was finalized on July 13, 2016 and July 14, 2016.

C. On October 2, 2015, D entered into a sales contract with Defendant A for KRW 40 million with respect to the instant real estate listed in the separate sheet owned by it (hereinafter “instant real estate”). On October 2, 2015, D entered into a sales contract with Defendant A for KRW 27.5723/6 of D equity interest, and for the instant real estate, KRW 1/100 of D equity interest is subject to sale). On October 28, 2015, D entered into a transfer of equity as the receipt of the registration office of the Daegu District Court on the instant real estate and KRW 259163.

On October 28, 2015, after the above share transfer registration, there was a modified contract to waive 27.5723/6 of the defendant A's shares in D's shares with respect to the existing joint collateral security (Seoul District Court's registration No. 25193, May 29, 2007) established by D as the debtor with respect to the real estate of this case as of October 28, 2015, and the registration of the change of collateral security was made under the above contract with the receipt of the above registration office No. 259174 on the same day.

On October 28, 2015, with respect to the instant 2 real estate, a contract to waive 1/101 of the shares of Defendant A among the shares in D in relation to the existing joint collateral security.

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