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(영문) 전주지방법원군산지원 2015.03.03 2014가단53399
사해행위취소
Text

1. The sales contract was concluded on June 14, 2013 between Nonparty B and the Defendant regarding each real estate listed in the separate sheet.

Reasons

1. The premise is: (a) on May 21, 2013, the Plaintiff entered into a credit guarantee agreement with respect to the loan obligations to the Jeonbuk Bank Co., Ltd. (hereinafter “ Jeonbuk Bank”); and (b) on April 11, 2014, the Plaintiff paid the total amount of KRW 45,049,931 to the Jeonbuk Bank as the Plaintiff did not perform the above loan obligations.

② As of April 11, 2014, the amount of the Plaintiff’s claim for reimbursement against B as of April 11, 2014 is KRW 45,387,839 (i.e., principal amount of KRW 44,985,831 and KRW 401,987).

③ From January 1, 2011, B operated a mutual company C, and according to C’s report on value-added tax, the Plaintiff reported C’s sales in the second half of 2012, KRW 136,359,50 as sales, KRW 144,978,635 as sales, KRW 18,200,50 as sales during the second half of 2013, KRW 22,431,655 as sales, and KRW 14,857,810 as sales, KRW 14,624,866 as sales, and KRW 14,666 as sales in the second half of 2013.

④ On June 14, 2013, B sold each real estate (hereinafter “instant real estate”) indicated in the separate sheet (hereinafter “instant sales contract”) to the Defendant (hereinafter “instant real estate”). On June 18, 2013, B completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) under the Korea District Court’s receipt of the Korea District Court’s receipt of the said real estate on June 18, 2013.

⑤ At the time of the instant sales contract, the instant real estate was owned only by the instant real estate, and as a small property, there is an obligation to lend the instant real estate to the North Korean bank.

6. B closed the business on December 31, 2013

[Ground of recognition] Each description of Gap evidence Nos. 1 through 6 (including paper numbers), each fact inquiry of the previous North Korea bank, the following markets, and the following tax office of this court, the purport of the whole argument

2. Determination as to the cause of action

A. According to the facts of recognition as above, the Plaintiff’s claim for indemnity against B is recognized. At the time of the instant sales contract, a credit guarantee contract was already concluded, which serves as the basis for the establishment of a claim for indemnity, and C’s operation in 2013.

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