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(영문) 대구지방법원 2017.06.28 2016나307857
사해행위취소
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1. Revocation of the first instance judgment.

2. As to the real estate stated in the separate sheet between the defendant and the stock company B, July 2013.

Reasons

1. Facts of recognition;

A. The terms and conditions of the Plaintiff’s claim for reimbursement against B, 1.3 of the Arrangement No. 2, 2, I.D. 2, 300,000 won 300,000,000 won 1,000,000,000 won 1,000,0000,000 won 75,000,000 won 270,000,000 won 2,00,000,000 (90%) 2,00,000,000,000 2,000,000 (90,000,000) 2,00,000 won 2,000,000,000 (90,000,000,000,000) 8,00,005,05,05,05,05.

(B) As listed below, B is a credit guarantee agreement and a joint and several guarantee agreement for each credit guarantee agreement (hereinafter referred to as “each credit guarantee agreement, etc. of this case”).

The Plaintiff concluded a credit guarantee agreement, and the Plaintiff issued a written credit guarantee agreement to a national bank. (2) On August 17, 2013, the Plaintiff paid KRW 364,016,964 to the National Bank on November 4, 2013, when a credit guarantee accident due to loan interest and delinquency occurred, the Plaintiff subrogated to the National Bank for KRW 364,016,964 on November 4, 2013. (2) On August 17, 2013, when a credit guarantee accident due to loan interest and delinquency occurred in relation to the second agreement, the Plaintiff subrogated to the National Bank for KRW 275,04,245 on November 4, 2013. (3) as a credit guarantee accident due to the default of a promissory note was caused on October 3, 2013, and subrogated to the National Bank on November 4, 2013.

As above, the Plaintiff acquired the claim for indemnity amounting to KRW 2,133,073,605 in total on November 4, 2013 against B by subrogation.

3 The Plaintiff filed a lawsuit against Daegu District Court Kimcheon-Support B, etc. seeking the payment of indemnity according to the above subrogation.

On August 21, 2015, the above court rendered the Plaintiff with respect to B.

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