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(영문) 광주지방법원 2017.04.11 2016가단509889
사해행위취소
Text

1. As to each real estate listed in the separate sheet:

(a) B B signed on December 4, 2013 between the Defendant and B.

Reasons

1. Basic facts

A. On April 30, 2013, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with C Co., Ltd. (hereinafter “Nonindicted Company”) and the Nonparty Company with respect to the principal and interest of loan to be borne by the National Bank, setting the coverage amount to KRW 81,00,000,00 and the term of guarantee to April 30, 2015. At the time, B, the representative director of the Nonparty Company, as the Nonparty Company, jointly and severally guaranteed the Nonparty Company’s liability for indemnity against the Plaintiff.

B. A non-party company was granted a loan from a national bank in accordance with the instant credit guarantee agreement, but the non-party company discontinued on August 18, 2014 and caused a guarantee accident stipulated in the instant credit guarantee agreement. As the non-party company was unable to repay its loan obligations, the Plaintiff repaid 81,306,135 won in total to the national bank on September 19, 2014 on behalf of the non-party company, and recovered 2,945,974 won on the day of subrogation.

The Plaintiff had not been paid KRW 968 of the remainder of the subrogated amount by Nonparty Company 78,360,161 (=81,306,135 - KRW 2,945,974) and the final damages amounting to KRW 968, the Plaintiff filed a payment order (B) claiming the payment of the amount of indemnity against Nonparty Company 2 and B. On March 6, 2015, the lower court received a payment order from Nonparty Company 78,361,129 and the Plaintiff jointly and severally paid the amount of KRW 78,360,360,161 among them, and the said payment order became final and conclusive around that time.

C. B signed a pre-sale agreement (hereinafter “instant pre-sale agreement”) with the Defendant on December 4, 2013 with respect to each real estate listed in the separate sheet owned by oneself (hereinafter “each of the instant real estate”). On December 27, 2013, Gwangju District Court’s receipt of the registration office No. 26044, the provisional registration of the right to claim ownership transfer (hereinafter “instant provisional registration”).

[Ground of Recognition] Facts without dispute, entry in Gap evidence 1 to 5 (including a serial number; hereinafter the same shall apply) and arguments.

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