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(영문) 인천지방법원 2018.05.31 2017가단219477
사해행위취소
Text

1. As to motor vehicles listed in Appendix 1:

A. Defendant A and D Co., Ltd were concluded on July 20, 2016.

Reasons

1. Facts of recognition;

A. On July 19, 2013, the Plaintiff entered into a credit guarantee agreement with D Co., Ltd. (1) on a fixed amount of KRW 297,500,000 as the guaranteed amount, and July 18, 2014 as the guaranteed period (whichever is later extended to October 14, 2016), and D was loaned KRW 350,000,000 from E as security on July 22, 2013.

F, a inside director of the D Co., Ltd, has jointly and severally guaranteed the debt of D to the Plaintiff.

(2) On October 6, 2016, a credit guarantee accident occurred that D lost the benefit of time. Accordingly, on December 16, 2016, the Plaintiff paid 300,781,847 won to E Co., Ltd. on behalf of D and recovered 1,038,80 won on December 16, 2016, and the Plaintiff paid 300,652,941 won for indemnity against D (=29,743,047 won for an attempted penalty of 284 won for delay delay damages of 299,743,047) and damages for delay from December 16, 2016.

B. On July 20, 2016, Defendant A entered into a contract with D to purchase an automobile of KRW 44,000,000 as stated in the separate sheet No. 1 attached hereto with D on July 20, 201, and the order No. 1-B of that day.

shall complete the registration procedure for the transfer of name stated in subsection (1).

(2) Defendant B entered into a contract with D to purchase construction machinery listed in the separate sheet No. 2 for KRW 41,800,000 on September 21, 2016, and the order No. 2-b of the date.

complete the registration procedure for change of ownership in the subsection.

(3) Defendant B entered into a contract with D on October 4, 2016 to purchase KRW 78,100,000 of the motor vehicles listed in the separate sheet No. 3, and the order No. 3-b of the date.

shall complete the registration procedure for the transfer of name stated in subsection (1).

(4) Defendant C Co., Ltd. is indicated in the separate sheet No. 4 between D and D on September 30, 2016.

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