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(영문) 의정부지방법원 2018.08.16 2018나205064
사해행위취소
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1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B’s representative director of H Co., Ltd. (hereinafter “H Co., Ltd.”) completed the registration of establishment of a new class of KRW 300 million and KRW 500 million, respectively, on June 4, 2005 and March 17, 2008, in the name of the Korea Exchange Bank (hereinafter “Korea Exchange Bank”) for the instant real estate owned by himself.

B. On October 9, 2007, the Plaintiff entered into a credit guarantee agreement between the non-party company and the non-party company with the credit guarantee principal at KRW 960,00,000 with respect to the obligation to issue an import letter of credit to the foreign exchange bank of the non-party company (hereinafter “the credit guarantee agreement of this case”), and entered into a credit guarantee agreement between October 9, 2007 and October 6, 2008 (hereinafter “the credit guarantee agreement of this case”). On October 31, 201, the amount guaranteed was changed to 864,00,000,000, and the term of guarantee was changed to December 24, 2012), and the non-party company issued a written credit guarantee corresponding thereto, and the non-party company B, at the time of the credit guarantee agreement of this case, jointly and severally guaranteed all obligations, such as indemnity obligations to be borne by the plaintiff against the plaintiff.

C. On December 21, 2012, the non-party company: (a) caused a credit guarantee accident under which “the import letter of credit which has not arrived due to the rapid increase of the capital due to the improper expansion of the business” was paid by the non-party company as the cause of the accident; and (b) on March 14, 2013, the Plaintiff subrogated to the Korea Exchange Bank for the total of KRW 795,930,451 (i) principal and interest on non-party company’s other non-party substitute substitute payments (= principal amount of KRW 788,368,288, 288, interest KRW 7,562,163).

On the other hand, on November 30, 2012, B completed the registration of ownership transfer (hereinafter “instant registration of ownership transfer”) based on the purchase and sale on November 30, 2012 (hereinafter “instant sales contract”) from the Jung-gu District Court’s annual District Court registry No. 15270 regarding the instant real estate to the Defendant on November 30, 2012.

E. At the time of the conclusion of the instant sales contract, the instant real estate (319,742,880 won at the time of the conclusion of the sales contract) is substantially property.

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