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(영문) 광주지방법원순천지원 2020.08.12 2020가단73041
사해행위취소
Text

1. As to the B, 147 square meters prior to the 1,000 square meters:

A. The Defendant and C cancel the gift agreement concluded on June 17, 2019, and B.

Reasons

1. Determination as to the cause of claim

A. 1) On June 18, 2018, Plaintiff D Co., Ltd. entered into a credit guarantee agreement with the Plaintiff and the guaranteed amount of KRW 85 million, and June 17, 2019 (the change to October 31, 2019), which entered into a credit guarantee agreement, and received a loan of KRW 100 million from E as security on June 19, 2018. The Plaintiff, a representative director of D Co., Ltd, under the said credit guarantee agreement with the Plaintiff, entered into a joint and several guarantee agreement with the Plaintiff on the liability for reimbursement owed by D when the Plaintiff subrogated to the Plaintiff. D Co., Ltd did not pay interest on the loan to E on July 20, 2019, and thus, the Plaintiff lost its interest on the obligation of loans on August 22, 2019, in subrogation of the Plaintiff’s total amount of the principal and interest on the donation to Defendant C Co. 364,207.

3) At the time of the instant donation contract with C’s property status, C owned the instant land and KRW 1,074 square meters prior to the date of netcheon-si, G, and KRW 1,415 square meters prior to G. On September 27, 2019, the auction procedure on the said land was commenced on September 27, 2019. In the auction procedure, the F’s value was assessed as KRW 8,055 million, and the value of G’s land was assessed as KRW 9,48 million. As to F’s land and G, the registration of the establishment of a mortgage-backed collective security association’s claim amount of KRW 162 million and KRW 5,80,000,000,000 and KRW 15,9660,000,000 as the creditor E’s claim amount, and the provisional attachment registration of KRW 1,188,000,000 was completed on September 27, 2019.

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