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(영문) 대구지방법원 2016.06.10 2015가단107684
사해행위취소
Text

1.(a)

Attached List between Defendant A and Nonparty C

1. Date of March 5, 2013 concluded in relation to each of the real estate recorded;

Reasons

1. Basic facts

A. The plaintiff is the creditor of the claim for reimbursement against the non-party C, and the grounds and contents of the claim for reimbursement are as follows.

(1) On May 29, 2009, the non-party Dispute Resolution Co., Ltd. obtained a credit guarantee of KRW 500,000,000 from the Plaintiff on May 28, 2015, with the guarantee number F, and the guarantee principal of KRW 500,00,00,00 from the Industrial Bank of Korea on May 29, 2009. Under the credit guarantee, the above guarantee term was extended to November 23, 2012, and the guarantee principal was reduced to KRW 400,000,000. At that time, the non-party C, the representative director of the said Dispute Resolution Co., Ltd, paid all debts owed to the Plaintiff under the said credit guarantee agreement, including the credit guarantee amount of KRW 50,00,000,00,000 from the non-party Industrial Bank of Korea on July 31, 2012.

3. After the subrogation, the Plaintiff filed a lawsuit against the said joint guarantor C, etc. on February 21, 2013 against the Daegu District Court 2013Kadan803049, which was the joint guarantor of the said credit guarantee agreement. On July 12, 2013, the said court rendered a judgment in favor of the Plaintiff on July 12, 2013, that the said judgment rendered a judgment in full favor of the Plaintiff as to the amount of KRW 415,952,270 as well as KRW 409,79,797,030 as to the said amount of KRW 14% per annum from November 30, 2012 to the same day, and 12% per annum from the next day to June 26, 2013, and the amount calculated at the rate of 20% per annum from the next day to the date of full payment. The judgment in favor of the Plaintiff was finalized on August 2, 2013 as above C.

In addition, at the time of the above lawsuit, the plaintiff additionally paid KRW 5,422,010 to the legal procedure cost at the time of the above lawsuit and acquired the claim for reimbursement including the above judgment and the above legal procedure cost.

B. Defendant B is the birth of the above C, and Defendant A is the birth of the Defendant.

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