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(영문) 서울중앙지방법원 2019.08.30 2018나71443
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On January 7, 2010, the Plaintiff entered into a credit guarantee agreement with I Co., Ltd. (hereinafter “Nonindicted Company”) to guarantee the obligations of loans to the Industrial Bank of Korea of the Nonparty Company (hereinafter “Corporate Bank”) and issued a written credit guarantee.

The non-party company submitted the above credit guarantee certificate and borrowed KRW 470,000,000 from the corporate bank.

B. On January 6, 2011, the Plaintiff entered into a credit guarantee agreement between the non-party company and the non-party company to guarantee the obligation to the F Co., Ltd. (hereinafter “F”), and issued a written credit guarantee.

The non-party company submitted the above credit guarantee certificate and borrowed KRW 950,000,000 from F.

C. B has jointly and severally guaranteed all debts owed by the non-party company to the plaintiff due to the above credit guarantee agreement.

On March 4, 2015, the non-party company was processed in bad faith, and the plaintiff paid 338,698,661 won to the non-party company in subrogation of the non-party company on April 21, 2015 and April 23, 2015.

E. B donated a total of KRW 102,285,630 as shown in the attached list to the Defendant, who is the spouse.

F. At the time of each of the above donations, B owned the Seodaemun-gu Seoul Metropolitan Government apartment No. 580,000,000 won and there were no other active properties. On the other hand, B bears the debt of the maximum debt amount of KRW 159,60,000 against E Co., Ltd., the secured debt of KRW 442,00,00 with respect to F, the secured debt of KRW 360,000 with respect to E Co., Ltd., the secured debt of KRW 360,00 with respect to E Co., Ltd., the secured debt of KRW 247,072,760 with respect to G Co., Ltd., the secured debt of KRW 292,154,234,234, the debt amount of KRW 45,307,329 with respect to F, the debt amount of KRW 29,287,7444,222,000 with respect to E Co., Ltd., more than the debt amount of KRW 1000.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination on the cause of the claim.

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