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(영문) 의정부지방법원 2017.12.19 2016가합57465
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On March 2, 2012, the Plaintiff issued a guarantee certificate to guarantee the loan amount of KRW 1,530,000,000 from the Industrial Bank of Korea and provided credit guarantee to C (hereinafter “Nonindicted Company”) until February 28, 2013 (the guarantee amount of KRW 1,08,000,000, and the guarantee period of KRW 1,530,000 was changed to February 24, 2017).

In providing the above credit guarantee, when the non-party company failed to perform the guaranteed obligation between the non-party company and the above bank, the Plaintiff entered into a credit guarantee agreement with the non-party company to reimburse the amount of the guaranteed obligation and the rate and calculation method set by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired as a result of the performance of the guaranteed obligation, expenses incurred in the preservation, transfer

At this time, B, the representative director of the non-party company, guaranteed the debt under the above credit guarantee agreement to the plaintiff of the non-party company.

On March 2, 2012, the non-party company obtained a loan from the Industrial Bank of Korea under the above credit guarantee.

Since then on September 6, 2016, as the management situation of the non-party company has deteriorated, there was a guarantee accident due to natural substances. On December 19, 2016, the Plaintiff subrogated the Industrial Bank of Korea for KRW 1,100,244,47 as principal and interest of the guaranteed loan, etc.

On the other hand, on September 28, 2016, B entered into a contract with the Defendant to sell each real estate (hereinafter “instant real estate”) listed in the attached list (hereinafter “instant sales contract”) at KRW 2 billion (hereinafter “instant sales contract”). On September 28, 2016, B completed the registration of ownership transfer as the receipt No. 23119 on September 28, 2016, for the reason of the instant sales contract.

(hereinafter “instant registration of transfer of ownership”). At the time of the instant sales contract, the instant real estate shall be registered.

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