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(영문) 대구지방법원서부지원 2016.04.06 2013가단25600
사해행위취소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 42,791,757 and KRW 40,880,087 among them, from October 31, 2013 to March 2016.

Reasons

1. Basic facts

A. The Plaintiff’s credit guarantee agreement between Defendant A and B (hereinafter “instant guarantee agreement”) between Defendant A and Defendant A and the Plaintiff on March 6, 2009, the amount guaranteed 40,000,000, and the term of guarantee until March 5, 2010 (hereinafter “instant guarantee agreement”).

(2) According to the instant guarantee agreement, Defendant A, the wife of Defendant A, jointly and severally guaranteed the obligation of Defendant A to the Plaintiff under the instant guarantee agreement. (2) According to the instant guarantee agreement, when the Plaintiff performed the guaranteed obligation, Defendant A and B are required to pay the amount of performance of the guaranteed obligation, damages for delay in accordance with the interest rate determined by the Plaintiff, expenses incurred in the performance of the guaranteed obligation, and expenses incurred in preserving the rights, and the interest rate determined by the Plaintiff is 12% per annum.

3) Defendant A submitted a credit guarantee statement issued pursuant to the instant guarantee agreement on March 8, 2009, and received 40,000,000 won from the Daegu Bank. The instant guarantee agreement changed the terms and conditions on a total of five occasions until March 5, 2013, and finally changed the credit guarantee term until September 5, 2013. (4) Defendant A caused a credit guarantee accident due to natural substances on July 6, 2013, the Plaintiff paid 40,80,087 won to the Daegu Bank on October 31, 2013 in accordance with the instant guarantee agreement, and paid 1,803,180,180 won to Defendant A and KRW 108,490,00 for legal procedure expenses, such as provisional seizure on the property of Defendant A and B.

B. Defendant A’s disposal of real estate 1) On May 3, 2013, Defendant C and the separate sheet No. 1 (hereinafter collectively referred to as “each of the instant real estate”), each of the real estate listed in Defendant C and the separate sheet No. 1 (hereinafter referred to as “each of the instant real estate”). When referring to the specific term “instant real estate A, B, and C”

2) As to the sales contract (hereinafter “instant sales contract”)

(2) On May 6, 2013, Defendant C concluded the registration of ownership transfer based on the above sale as the Daegu District Court Kimcheon-do Branch No. 10590, May 6, 2013, and Defendant C completed the registration of ownership transfer based on the above sale.

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