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(영문) 서울서부지방법원 2015.01.28 2014가단225574
사해행위취소
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. On March 29, 2001, the non-branch Co., Ltd. entered into a credit guarantee agreement with the Plaintiff setting forth a credit guarantee principal of KRW 45,00,000,00, and obtained a credit guarantee certificate from the Plaintiff, and entered into a credit guarantee agreement with the Plaintiff on February 6, 2006, setting the credit guarantee principal of KRW 45,00,000 with the Plaintiff as KRW 45,00,000,00 from the Industrial Bank of Korea after obtaining a credit guarantee certificate from the Plaintiff.

B. D and C jointly and severally guaranteed the indemnity liability to be borne by the non-branch Co., Ltd. upon each of the above credit guarantee agreements.

C. Non-branch Co., Ltd. lost the benefit of time due to the aggravation of management status on November 19, 2012 due to the aggravation of management status. The Plaintiff paid 43,932,509 won by subrogation to the Bank of Korea on May 2, 2013.

The Plaintiff filed an order for the payment of the above indemnity obligation to Non-branch D, D, and C. On January 8, 2014, the Seoul Western District Court 2013 tea838 (Seoul Western District Court Decision 2013Hu838) issued an order for the payment of the above indemnity obligation to the Plaintiff, “The Non-branch D, D, and C jointly and severally served on the Plaintiff 67,114,813 won and 22,278,69 won among them, from May 2, 2013 to May 2, 2013, from September 4, 2013 to the delivery date of the original copy of each payment order, 12% per annum from the next day to the date of full payment, and the above payment order was finalized on January 28, 2014.”

E. Meanwhile, as to the real estate listed in paragraph (1) of the Attached List No. 1, Defendant A, the Suwon District Court Yangyang Registry No. 34321, Aug. 7, 2012, which was received on August 7, 2012, and as to the real estate listed in paragraph (2) of the Attached List No. 2, Defendant B, as to the registration of ownership transfer, Defendant B, as to the real estate as indicated in paragraph (1) of the Attached List No. 102098, Jun. 15, 2012, received on August 8, 2012.

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