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(영문) 대전지방법원 2019.08.13 2018나101268
사해행위취소
Text

1. Upon a claim for a change in exchange in this court, the defendant shall claim against B as set out in the attached Table 2.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim for reimbursement against B 1) The Plaintiff incurred the Plaintiff’s claim for reimbursement against C on May 3, 2013 (hereinafter “C”).

The credit guarantee agreement (hereinafter referred to as the “instant credit guarantee agreement”) between the credit guarantee principal and 120 million won, and the credit guarantee agreement between May 2, 2014 and April 29, 2016 (hereinafter referred to as the “instant credit guarantee agreement”).

(2) Under the credit guarantee agreement of this case, in the event that the Plaintiff subrogated for the obligation of loans by C, C shall pay the amount subrogated to the Plaintiff and the damages for delay agreed thereon.

B on May 3, 2013, May 3, 2013, C jointly and severally guaranteed the indemnity liability based on the instant credit guarantee agreement with the Plaintiff.

3) On May 3, 2013, the Plaintiff issued a credit guarantee certificate under the instant credit guarantee agreement to the D Bank. On May 3, 2013, C received a loan of KRW 150 million from D Bank with the Plaintiff’s credit guarantee on May 3, 2013. (4) C was in arrears with the above loan obligation and lost the benefit of time (hereinafter “the instant credit guarantee accident”), and D Bank notified the Plaintiff of the instant credit guarantee accident on April 12, 2016.

5) On August 5, 2016, the Plaintiff subrogated to the D Bank for KRW 102,736,351 (i.e., principal amount of KRW 100,800,000 interest KRW 1,936,351). B’s disposal disposition 1) as to each real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) as indicated in the separate sheet No. 33151, Aug. 21, 2006 (hereinafter “instant real estate”), the Plaintiff completed the registration of ownership transfer on the ground of “sale on August 14, 2006.”

2) On December 10, 2015, B concluded a contract to establish the right to collateral security with the Defendant to create the right to collateral security, which is the cause of 400 million won of the maximum debt amount with respect to the instant real estate (hereinafter “instant contract to collateral security”).

(3) On August 12, 2016, Daejeon District Court Sejong District Court Decision 88592, which was received on December 10, 2015, completed the registration of the establishment of a neighboring establishment in the name of the Defendant (hereinafter “Defendant”) B, concluded a sales contract with the Defendant on December 12, 2016.

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