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(영문) 인천지방법원부천지원 2017.06.23 2016가합100552
사해행위취소
Text

1. A stock company B (former Mutual Co., Ltd. C) against the Defendant on September 23, 2013, the par value of KRW 5 billion, and the payee.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) The Plaintiff’s claim against Nonparty Company D (hereinafter “D”) on March 11, 2005 to January 8, 2009

(i)three credit guarantee arrangements have been concluded with each other (the total amount guaranteed shall be KRW 445,250,000,000, in accordance with a modified arrangement several times;

The credit guarantee agreement of this case is referred to as the "credit guarantee agreement of this case"

) On December 9, 2009, D divided the electrical construction business into “B” and merged the electrical construction business into “B” corporation (hereinafter “B” corporation after the merger is changed to “C”, and is collectively called “B” corporation.

(2) As a credit guarantee accident occurred on November 22, 2012, the Plaintiff subrogated for KRW 429,486,281 to the Industrial Bank of Korea on March 25, 2013 under the instant credit guarantee agreement, and collected KRW 171,576,783 around that time and collected KRW 257,909,498.

3) On January 21, 2014, the Plaintiff filed a lawsuit against the non-party company for the claim for indemnity (Seoul Western District Court 2014da202014). On June 26, 2014, the above court sentenced the non-party company to pay 262,156,885 won (the indemnity amount of KRW 257,909,490 and the final indemnity amount of KRW 4,247,395) jointly with D pursuant to Article 530-9(1) of the Commercial Act, jointly and severally with D, pursuant to Article 530-9(1) of the Commercial Act. The above judgment became final and conclusive on July 17, 2014, the Plaintiff filed a lawsuit against the non-party company as joint and several surety under D and the credit guarantee agreement of this case (Seoul Western District Court 2013Da53348), and the above court sentenced the indemnity amount of KRW 262,1598,2859.85

B. On September 23, 2013, the non-party company issued the first and second bills of exchange (hereinafter “the first promissory note”) to the Defendant on September 23, 2013, as indicated in the former part of paragraph (1) of this Article.

(A) Issuance has been made, and a notarial deed containing an expression of intent to recognize execution has been made (No. 7 2.2.

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