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(영문) 서울서부지방법원 2017.09.14 2016가단245954
사해행위취소
Text

1.(a)

The sales contract concluded on July 6, 2016 between G and Defendant B with respect to the real estate listed in attached Table 1 list is 63,37.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff entered into a credit guarantee contract with Nonparty H Co., Ltd. (hereinafter “Nonindicted Company”).

(1) The non-party company (hereinafter referred to as “I Bank”) shall provide funds necessary for the management of the I Bank.

() On March 27, 2013, a credit guarantee contract was concluded by setting the amount of security deposit of KRW 99,00,000, and the guarantee period of KRW 26,000 as of March 27, 2013. The representative director G of the non-party company jointly and severally guaranteed the non-party company’s obligation to be borne by the Plaintiff according to the instant credit guarantee contract. The said credit guarantee contract was modified on March 24, 2017 (hereinafter the amended credit guarantee contract was referred to as the “instant credit guarantee contract”).

(2) According to the instant credit guarantee contract, when the Plaintiff fulfilled the guaranteed obligation, the non-party company and G, a joint and several surety, are obligated to pay to the Plaintiff the amount of the guaranteed obligation and the amount of damages calculated by multiplying the amount of the performance of the guaranteed obligation by the interest rate fixed by the Plaintiff from the date of the performance of the guaranteed obligation until the date of the repayment of the guaranteed obligation (Articles 10 and 16). The interest rate determined by the Plaintiff as to the amount of the performance of the guaranteed obligation is 10% per annum from February 1, 2016 to the date of the closing of argument in the instant case from the date of the closing of argument. 2) The non-party company received a loan of KRW 10,000,000 from the I Bank as security in the instant

B. On June 1, 2016, the credit management information was registered due to the default of national taxes, etc., and on June 28, 2016, the I Bank notified the Plaintiff of the credit guarantee accident on July 27, 2016, taking the date of the occurrence of the credit guarantee accident into account the occurrence of the credit guarantee accident.

Accordingly, on September 5, 2016, the Plaintiff subrogated 94,868,012 won to the I Bank.

In addition, the plaintiff paid KRW 1,876,375 to the legal procedure cost, but recovered KRW 768,490, and the balance is KRW 1,107,885.

C. The instant case, including G’s disposal of property.

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