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(영문) 인천지방법원 2015.12.24 2014나52384
사해행위취소
Text

1. Revocation of a judgment of the first instance;

2. As to the real estate listed in Attachment 1:

A. On January 201, 201 between Defendant A and C

Reasons

1. Basic facts

A. On November 17, 2006, the Plaintiff issued a credit guarantee certificate with the guaranteed principal of KRW 272 million (250 million was changed to KRW 258,400,000), the guarantee term extended on November 16, 2007 (which was extended on November 11, 201), the national bank of the lending bank as the branch office of the lending bank, and ② on February 25, 2009, the credit guarantee certificate with the guarantee principal of KRW 190,000 (180,000 won was changed to KRW 180,000,000,000,000,000 won, the guarantee term was changed to KRW 30,000,000,000,000,000,000 won, and ③ the credit guarantee certificate with the loan principal of KRW 101,01,000,000,00,000 for the lending Bank.

B. In accordance with the above credit guarantee form, the non-party company borrowed 320 million won from the national bank, and C borrowed 200 million won from the corporate bank, and 120 million won from the corporate bank, and C jointly and severally guaranteed the obligations owed by the non-party company to the plaintiff with respect to the credit guarantee stated in paragraph (1) and the obligations owed by the non-party company to the plaintiff with respect to each credit guarantee stated in paragraphs (2) and (3).

C. On October 21, 2011, and C, on the 25th of the same month, lost all the benefit of each of the above loans. On November 24, 2011, the Plaintiff paid KRW 261,554,179 to the National Bank in subrogation of the non-party company, and KRW 288,010,513 to the Corporate Bank on January 17, 2012 in subrogation of C.

Pursuant to each of the above subrogated payments, C was liable for the payment of KRW 552,734,02 to the Plaintiff and the delay damages therefor.

(hereinafter referred to as “instant claim”) D.

C For the real estate listed in the separate sheet No. 1 (hereinafter referred to as “real estate No. 1”), Defendant A was issued with the Taean District Court No. 1940, Oct. 5, 201, for the reason of a pre-sale agreement concluded on September 12, 201 (hereinafter referred to as “pre-sale agreement”) between Defendant A and Defendant A regarding the real estate listed in the separate sheet No. 1 (hereinafter referred to as “the first real estate”).

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