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(영문) 광주지방법원목포지원 2017.07.05 2016가단55682
사해행위취소
Text

1. The Defendants and C concluded on February 7, 2016 with respect to 2/11 shares of each of the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On February 1, 2008, the Plaintiff entered into a contract with C to guarantee C’s obligations for loans (hereinafter “the instant contract of guarantee”) with the Korea Telecommunication Bank, the insured C&C (hereinafter “C”) and the period from April 1, 2006 to March 31, 2007, respectively.

B. Around February 25, 2012, C had caused an insured incident under the instant guarantee agreement, as it was impossible for C to repay the debt owed to C, and the Plaintiff paid KRW 25,581,854 to C, pursuant to the instant guarantee agreement.

C. The Plaintiff filed against C as Seoul Central District Court 2014Kadan24317

On February 12, 2015, the Defendant (C) filed a lawsuit for the claim of indemnity following the subrogation payment as stated in the paragraph, and on February 12, 2015, the above court rendered a judgment that “the Defendant (C) shall pay to the Plaintiff (the Plaintiff of this case) the amount of KRW 25,581,854 and KRW 22,305,54 with interest rate of KRW 6% per annum from August 30, 2012 to December 4, 2014, and 20% per annum from the next day to the date of full payment,” and the above judgment became final and conclusive around that time.

(hereinafter referred to as “instant claim for reimbursement”) D. The Plaintiff’s claim against C according to the final and conclusive judgment.

As of October 18, 2016, the claim for indemnity of this case is KRW 31,29,480 in total (= Principal KRW 25,581,854 in total) and KRW 5,540,326 in total and KRW 177,300 in total.

E. Although C was inherited 2/11 of each of the real estate listed in the separate sheet from the father D (hereinafter “each of the instant real estate”, and where each of the instant real estate is individually specified, the order of entry in the separate sheet) from the father D, on February 7, 2016, upon entering into an agreement on the division of inherited property with the Defendants who are deemed siblings and the Defendant A on February 7, 2016 (hereinafter “instant division agreement”), with regard to the share of 2/11 of each of the instant real estate among the real estate Nos. 1 through 5, the Defendant B.

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