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(영문) 서울고등법원 2016.07.22 2016나2011224
사해행위취소
Text

1. Of the judgment of the court of first instance, the part against the plaintiff ordering cancellation and payment below shall be revoked.

. the defendant.

Reasons

1. Basic facts

A. 1) The Plaintiff Co., Ltd. (hereinafter “B”)

between B and B, the National Bank of Korea, Inc. (hereinafter referred to as “National Bank”);

3) The Bank of Korea, Inc. (hereinafter referred to as “Korea Bank”);

(2) A new bank (hereinafter referred to as “new bank”)

2) On the other hand, each credit guarantee contract (each credit guarantee contract of this case is referred to as the "credit guarantee contract of this case" and a total of three credit guarantee contracts are referred to as the "each credit guarantee contract of this case" as follows:

(1) On August 13, 2008, the Plaintiff: (a) on August 12, 2015, changed on August 13, 2015, to KRW 250,500 million; (b) on August 7, 2010, changed to KRW 184,680,000; (c) on August 6, 2010, as of August 30, 2015, changed to KRW 30 million; (d) on June 12, 2014, changed to KRW 216,00,000,000,000 as of KRW 30,000,000,000; and (e) on June 12, 2014, the Plaintiff received KRW 300,000,000 from the new bank; and (e) on June 13, 2015, the Plaintiff received KRW 6300,000,00 Korean bank.

B. The Defendant traded goods from March 2012 to July 2014. On July 17, 2014, concluded a sales contract with regard to each of the instant real estate owned by it as KRW 1.1 billion (hereinafter “instant sales contract”). On July 18, 2014, the Defendant completed the ownership transfer registration (hereinafter “instant transfer registration”) with the Ulsan District Court No. 75153, Jul. 18, 2014.

C. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation B are interest on loans to the new bank on February 3, 2015 and overdue interest on February 9, 2015, interest on loans to the national bank on February 9, 2015, and overdue interest on February 28, 2015.

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