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(영문) 서울중앙지방법원 2015.06.12 2014가단5128611
사해행위취소
Text

1. As to each real estate listed in the separate sheet:

A. A donation contract concluded on September 14, 2010 between the Defendants and C is concluded.

Reasons

1. Basic facts

A. The Plaintiff’s claim against C entered into a credit guarantee agreement (hereinafter “each of the credit guarantee agreements of this case”) with respect to the amount borrowed by the Defendant Company D (former Company E; hereinafter “Nonindicted Company”) and the Nonparty Company from the National Bank and the SC Bank as indicated in the following credit guarantee and loan details statement, and F and C, the representative director of the Nonparty Company, were jointly and severally guaranteed the Nonparty Company’s liability for reimbursement against the Plaintiff under each of the credit guarantee agreements of this case.

(2) On June 10, 201, on June 14, 2006, the credit guarantee and loan details Nos. 190,000,000 National Bank on June 14, 200, 144,000,000,000 on June 14, 2007, 190,000 on June 10, 201, the credit management information under each of the credit guarantee agreements was registered on February 9, 201, and the credit guarantee accident under each of the instant credit guarantee agreements occurred, and the Plaintiff subrogated to the National Bank on March 31, 201, in accordance with each of the instant credit guarantee agreements.

On August 31, 2011, the Plaintiff filed a lawsuit against Nonparty Company, F and C seeking reimbursement with Seoul Central District Court Decision 201Ga221941, and was sentenced on August 31, 2011 to the effect that “the company, F and C jointly pay the Plaintiff KRW 290,807,281, and its delay damages, jointly and severally,” and the said judgment became final and conclusive around that time.

B. On September 15, 2010, C had completed on September 15, 2010, the entire share transfer registration (hereinafter “instant share transfer registration”) based on the donation agreement on September 14, 2010 (hereinafter “instant donation agreement”) to the Defendants, who are women’s grandparents, on each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1 through 6 (if there are serial numbers, each statement, including branch numbers, and arguments.

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