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(영문) 광주지방법원 2018.04.03 2017가단513991
사해행위취소
Text

1. A sales contract concluded between the defendant and B (C) on October 18, 2016 with respect to real estate listed in the separate sheet is gold 168.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim against B 1) On May 22, 2014, the Plaintiff is Nonparty D Co., Ltd. (hereinafter “D”).

A) The term “instant credit guarantee agreement” was concluded to provide a credit guarantee for a loan obligation (hereinafter referred to as “instant credit guarantee agreement”).

(2) At the time of the instant credit guarantee agreement, B entered into an agreement on the joint and several guarantee of D’s indemnity liability arising from the Plaintiff’s subrogated payment of debt as to D’s repayment. (2) According to the instant credit guarantee agreement, the Plaintiff jointly and severally guaranteed D’s principal and interest obligation to D’s Gwangju Bank on October 27, 2016, and Gwangju Bank filed a claim for the Plaintiff to repay the Plaintiff’s obligation as the Plaintiff lost its interest due to delayed payment due to substantial closure of business as of October 27, 2016, and the Plaintiff subrogated for KRW 202,461,216 to Gwangju Bank on February 28, 2017.

3) Around May 2, 2017, D filed an application for payment order against D and B seeking reimbursement, etc. under the Gwangju District Court Decision 2017 tea7592 against the Plaintiff, even in addition to the amount of indemnity payment arising from the Plaintiff’s subrogation, D is liable to pay the Plaintiff the amount of expenses incurred for preserving the claim for reimbursement and not recovered. D around May 2017, the Plaintiff filed an application for payment order against D and B for payment order under the Special Metropolitan City District Court 2017 tea7Ma7492. On May 22, 2017, the said court decided on May 22, 2017 as “D and B jointly and severally liable to compensate the Plaintiff for the amount of subrogated amount of KRW 202,461,216 from February 28, 2017 to the date on which the original copy of the instant payment order was served, which became final and conclusive at the rate of 10% per annum from the following day to the date of delivery of the original copy of the payment order.”

(hereinafter referred to as “the instant claim against the Plaintiff,” which the Plaintiff owned against B. B.

B and B’s property status 1 B between B and Defendant on October 18, 2016.

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