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(영문) 대전지방법원 2018.02.06 2016가단219645
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On April 12, 201, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant guarantee agreement”) between B and B operating packing materials manufacturing business under the name of C, with the credit guarantee principal of KRW 112,00,000,000 and the credit guarantee period of April 12, 2012 (a later change of the guarantee term to April 8, 2016 due to the change of the terms and conditions of the credit guarantee), and B borrowed KRW 140,000,000 from a national bank as collateral on April 12, 2011.

B. On April 9, 2016, a national bank notified the Plaintiff that the guarantee accident caused in arrears was caused, and the Plaintiff subrogated to the national bank for KRW 113,702,889 on August 19, 2016.

Under the instant guarantee agreement, additional guarantee fees of KRW 814,130, substitute payments of KRW 1,965,759 were incurred, and the rate of delay damages under the instant guarantee agreement is 10% per annum from August 19, 2016.

C. On December 8, 2015, B entered into a contract with Defendant A to transfer all assets, such as the factory site, building, machinery, equipment, equipment, equipment, vehicle transport equipment, vehicle transport equipment, and all business rights of the existing business partners (hereinafter “instant contract”).

B On January 6, 2016, on the part of Defendant KTP entered into a contract to transfer the instant claim (315,000,000 won out of the claim for business transfer price to be received by Defendant A according to the instant contract for business transfer) (hereinafter “instant contract for the assignment of claims”) with Defendant KTP, and on the same day, notified Defendant A of the fact of the assignment of claims.

E. On January 14, 2016, B entered into a sales contract with Defendant A (hereinafter “instant sales contract”) with respect to each of the instant real estate, and completed the registration of ownership transfer to Defendant A on March 10, 2016.

[Reasons for Recognition] Evidence Nos. 1 through 7, Evidence Nos. 1, 2, 9-3, and 4, the purport of the whole pleadings

2. Claim against Defendant KTP

A. The parties’ assertion (1) Plaintiff B would cause a guarantee accident on April 9, 2016.

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