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(영문) 서울중앙지방법원 2019.08.13 2018가단5137750
사해행위취소
Text

1. As to KRW 49,925,744 among the Plaintiff and KRW 49,925,525 among the Plaintiff, Defendant A’s year from May 30, 2018 to July 4, 2018.

Reasons

1. Facts of recognition;

A. On September 29, 2017, the Plaintiff entered into a credit guarantee agreement with Defendant A as of September 29, 202, including the guaranteed principal amount of KRW 54,060,000, and the term of guarantee on September 29, 2020. Defendant A submitted a credit guarantee certificate issued with the same content to Company D, and received a loan with the company’s ordinary working capital.

B. On January 24, 2018, Defendant A caused a guarantee accident due to arrears, and the Plaintiff repaid the guaranteed obligation of KRW 50,725,096 on May 30, 2018 upon D’s request for the performance of the guaranteed obligation, and recovered KRW 79,571 among them.

On May 30, 2018, the Plaintiff’s credit guarantee agreement with Defendant A as of May 30, 2018 is KRW 219 according to the agreement of 10% per annum on the interest rate of KRW 49,925,525 and the collected interest rate of KRW 79,571.

C. On December 7, 2017, Defendant A entered into a sales contract of KRW 75,600,000 with respect to the real estate listed in the separate sheet No. 1 (hereinafter “instant one real estate”) with Defendant B (hereinafter “instant one sales contract”). On December 8, 2017, Defendant A entered into a sales contract with Defendant B with respect to the purchase price of KRW 75,600,000 (hereinafter “instant one sales contract”). Defendant A completed the procedure for ownership transfer registration as the receipt of No. 21873 on December 8, 20

On December 7, 2017, Defendant A entered into a sales contract with Defendant C for the purchase price of KRW 63,00,000 for the real estate listed in the separate sheet No. 2 (hereinafter “instant real estate”). On December 8, 2017, Defendant A entered into a sales contract with Defendant C for the purchase price of KRW 63,00,000 for the instant real estate (hereinafter “instant two sales contract”); and the ownership transfer registration procedure was completed as of December 8, 2017 by the Jeonju District Court’s Deputy Registry No. 21874.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 8 (including each number in the case with a satisfy number), the purport of whole pleadings

2. According to the facts of the above recognition as to the claim against Defendant A, the Defendant A was 49,925,744 won (=219 won for delay in determination of subrogation amounting to 49,925,525 won) and 219 won for delay in determination.

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