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(영문) 대전지방법원 2015.01.22 2013가합105704
사해행위취소
Text

1. Of the instant lawsuit, Daejeon District Court with respect to the share of 13/52 of the real estate in the attached list No. 3 in the attached list.

Reasons

1. Basic facts

A. On April 16, 2009, the Plaintiff entered into a credit guarantee agreement with C&T company (hereinafter “C”) on April 15, 2010 with the content that C&T company (hereinafter “C&T company”) guarantees the payment of its loan obligations when it obtains a loan from the Korea Bank Co., Ltd. (hereinafter “Korea Bank”); ② on May 27, 2009, the term of credit guarantee principal was extended to 300,000,000,000,000,000, and the term of credit guarantee was extended to 20,000,000,000,000, and the term of credit guarantee was extended to 30,00,000,000,000, and 30,000,000,000, and the credit guarantee agreement was extended to 14,710,714, respectively (hereinafter “the term of credit guarantee agreement”).

B. On July 15, 2011, 201, CON industry delayed the principal and caused a credit guarantee accident. On November 9, 2011, the Plaintiff subrogated to the Bank for the principal amounting to KRW 2,065,848,121 (= Principal amounting to KRW 1,99,94,680) in accordance with the instant credit guarantee agreement.

C. The Plaintiff filed a claim against C and B for the payment order of KRW 2,078,257,541 as well as KRW 2,065,848,121 as the Plaintiff jointly and severally, for the payment order of KRW 2,078,257,541 as well as KRW 2,065,848,121 as from November 9, 201 to February 8, 2012; KRW 16% as from the next day to the delivery date of the original payment order; KRW 20% as from the next day to the day of full payment; and KRW 20% as from the next day to the day of full payment; and the above payment order was finalized on November 23, 2012.

B and D, the chief executive officer of the Defendant, left Korea. On December 5, 2013, B entered into a pre-sale agreement (hereinafter “instant pre-sale agreement”) with the Defendant on 13/52 shares of the real estate listed in the separate sheet (hereinafter “instant real estate”). The Defendant on December 5, 2013.

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