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(영문) 서울중앙지방법원 2016.09.01 2015나21225
사해행위취소
Text

1. Revocation of a judgment of the first instance;

2. As to each real estate listed in the separate sheet:

A. On October 201, 201 between B and the Defendant.

Reasons

1. Basic facts

A. (i) On June 24, 2010, the Plaintiff entered into a credit guarantee agreement with the Co-Defendant B on the basis of the credit guarantee limit of KRW 50,000,000, and the guarantee period as of June 24, 2015, with respect to the monetary obligations that would have been loaned and borne by the K-Defendant B from the K-Defendant B of the first instance trial. On the same day, the Plaintiff issued a credit guarantee agreement with the K-based Daddrid Bank on the same day.

Shes Korean Standards Dold Bank granted B a loan of KRW 50,000,00 to B as security the said credit guarantee statement.

On September 27, 2011, B lost the benefit of the time limit for the loan due to natural enterprises, and on February 13, 2012, the Plaintiff paid the loan amounting to KRW 46,505,352 to Korea Standards Bank and appropriated the loan amounting to KRW 944,080 on the same day.

At the time of the credit guarantee agreement, B entered into an agreement that the Plaintiff shall pay damages in accordance with the interest rate set by the Plaintiff within the limit of 25% per annum as stipulated in Article 28 of the Regional Credit Guarantee Foundation Act to the amount that the Plaintiff performed after the date of performance when the Plaintiff performed the guaranteed obligation under Article 10 of the above agreement. The interest rate set by the Plaintiff shall be 15%

B. On November 19, 209, 1209, the date of the contract (registration date) agreement No. 3 B, I (1.5/148) of each immovable property stated in the separate sheet, each of the annexed Table 2 B, I (26.5/352) of each of the annexed Table 3 B, I (1.5/148) of each of the annexed Table 4 B, I shares (1/2) of the annexed Table 5 B, I shares (2/28) of the National Bank Co., Ltd. as to each of the annexed Table 91,00,000 B, and I shares (7/93) of the National Bank Co., Ltd. as to each of the annexed Table 2 B, I shares (1.5/148).

C. B’s disposal disposition (i) On October 17, 201, each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) entered into a trade reservation to transfer the ownership shares to the Defendant (hereinafter “instant trade reservation”).

B shall be the same day.

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