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(영문) 대구지방법원 2020.11.13 2019가단144230
사해행위취소
Text

The sales contract concluded on July 23, 2019 between the Defendant and B is KRW 68,63,085.

Reasons

1. The basic facts

1) C Co., Ltd. (hereinafter “Nonindicted Company”)

(1) On June 15, 2017, the Plaintiff and the credit guarantee principal of KRW 70 million, and the credit guarantee period from June 15, 2017 to June 12, 2020, concluded a credit guarantee agreement, based on the said credit guarantee agreement, and received KRW 70 million from the Industrial Bank based on the said credit guarantee agreement. ② On the same day, the Plaintiff and the Plaintiff entered into a credit guarantee agreement with the maximum guarantee amount of KRW 30 million and the maximum transaction period from June 15, 2017 to June 14, 2019, and received KRW 29 million from the Industrial Bank of Korea based on the said credit guarantee agreement. ② The Nonparty jointly and severally guaranteed the indemnity liability owed to the Plaintiff on July 16, 2019 by Nonparty Company’s payment of overdue interest to the Industrial Bank of Korea, and the Plaintiff paid the principal and interest of Nonparty Company’s subrogation to the Industrial Bank of Korea.

3) Accordingly, the Plaintiff filed an application with the Nonparty Company B for the payment order under this Court No. 2020 tea438, Jan. 15, 2020. On October 15, 2020, the court received the payment order from the Plaintiff jointly and severally with the Nonparty Company B, for KRW 304,431,98, and for KRW 303,610,760 among them, the payment order was issued from October 31, 2019, and the said order became final and conclusive on February 1, 2020. B) on July 23, 2019, the purchase price of the attached real estate (hereinafter “instant real estate”) indicated in the separate sheet No. 150,000,000 won, which is its sole real estate (hereinafter “the instant real estate”), and sold the remainder to the Defendant on July 29, 201, the sales price of KRW 160,000,000.

(2) On July 26, 2019, the Defendant completed the registration of ownership transfer based on the above sales contract on the instant real estate on July 26, 2019. (3) The Defendant is the father of B.

C. Nonparty Company B was in excess of the obligation at the time of the instant sales contract, and Nonparty Company was on September 2, 2019.

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