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(영문) 수원지방법원안산지원 2020.11.12 2019가단71052
사해행위취소
Text

Attached Form

With respect to an stated real property:

A. The payment contract entered into on February 25, 2019 between the Defendant and Nonparty B.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim for reimbursement against B 1) C Co., Ltd. (hereinafter “Nonindicted Company”)

A) A credit guarantee agreement between the Plaintiff and the Plaintiff on May 12, 2017 (hereinafter “instant credit guarantee agreement”) and the guarantee period from May 12, 2017 to May 11, 2018 (hereinafter “instant credit guarantee agreement”).

(B) A) concluded a contract, and B jointly and severally guaranteed the debt of the non-party company against the Plaintiff, and the non-party company is a corporation D (hereinafter “D bank”) based on the instant credit guarantee agreement around that time.

(2) Around May 8, 2018, the guaranteed amount of the instant credit guarantee agreement was changed to KRW 97,200,000,000. Article 10 of the instant credit guarantee agreement provides that when the Plaintiff performed the guaranteed obligation, Nonparty Company and B shall pay the Plaintiff the amount of the guaranteed obligation, the amount of the guaranteed obligation, the amount of the guaranteed obligation, and the amount of the guaranteed obligation was changed to May 10, 2019.

3) Around April 2019, Nonparty Company lost the benefit of the time limit for the obligation to pay a loan to D Bank. Under the credit guarantee agreement of this case, the Plaintiff subrogated to D Bank for the principal and interest of KRW 98,758,395 on August 5, 2019, and the amount of KRW 366,430 was incurred. Around that time, the Plaintiff paid KRW 1,776,876 (total amount of KRW 100,901,701) to B and the Defendant on February 25, 2019, KRW 120,000 and KRW 350,000 (hereinafter “instant real property”). The Plaintiff entered into the payment contract of accord and satisfaction with the Defendant on February 25, 2019 (hereinafter “instant payment contract”). However, the ownership of the attached real property (hereinafter “instant real property”). The Defendant agreed to accept the payment contract of accord and satisfaction of KRW 350,000,00.

2. As to the instant real estate on February 26, 2019, the registration of ownership transfer in Section 1-B was completed in the future against the Defendant on the ground of the instant accord and satisfaction contract.

C. The active property B at the time of the payment contract in substitutes B, which is insolvent, is 500,000 at the market price.

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