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(영문) 광주지방법원 2018.11.28 2018가단10857
사해행위취소 등
Text

1.(a)

On November 2017, the defendant and the non-party agricultural corporation Co., Ltd. with respect to the real estate stated in the attached list.

Reasons

1. Basic facts

A. On April 8, 2016, the Plaintiff was requested by Nonparty D Co., Ltd. (hereinafter “C”) to issue a credit guarantee certificate to obtain a loan from Nonparty D Co., Ltd.

B. On April 14, 2016, the Plaintiff entered into a credit guarantee agreement with C, the credit guarantee amount of KRW 127,50,000,00 for credit guarantee period, and the credit guarantee period of April 21, 2016 to April 21, 2016, and entered into a credit guarantee agreement with C, the representative director of C, with respect to the credit guarantee amount of liability for subrogation of C upon subrogation due to a guarantee accident, and issued a credit guarantee agreement based thereon.

C. C was loaned KRW 150,00,000 from Nonparty D (Yyangdong Branch) on April 21, 2016 on the basis of the above credit guarantee letter issued by the Plaintiff, with the payment period as of April 21, 2018.

As above, C, who received a loan in D using the credit guarantee certificate issued by the Plaintiff, caused a guarantee accident that does not perform the loan obligation, and D, which is a lending institution, filed a claim against the Plaintiff (based on the credit guarantee certificate issued to C) on March 29, 2018, for the performance of the guaranteed obligation against the Plaintiff. The Plaintiff, as a guarantor, was entitled to claim for reimbursement against C as of March 30, 2018.

E. On November 28, 2017, C concluded a sales contract with the Defendant with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), the only real estate owned by C, and accordingly completed the registration of ownership transfer under the Defendant’s name as the receipt of No. 207500 on December 4, 2017 by the registration office of the Gwangju District Court (hereinafter “instant sales contract”).

The defendant is the non-party E's spouse who is the representative director and the joint guarantor.

F. At the time of the instant sales contract, C was an active property of KRW 255,00,000 at the market price. The instant real estate was the entire real estate at the time of the instant sales contract, and as a passive property, KRW 106,656,00 to F Bank, in addition to Nonparty D’s debt to Nonparty D, KRW 106,656,00,000 to the Small Business Corporation.

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