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(영문) 창원지방법원 2019.10.23 2018가단10725
보증채무금
Text

1. The Defendant received on May 9, 2018 from the Changwon District Court as to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 28, 2013, A Co., Ltd. (hereinafter “A”) loaned KRW 300,000,000 to E Co., Ltd. (hereinafter “E”), and B (former representative director) jointly and severally guaranteed the E’s loan obligation within the limit of KRW 36,00,000,00.

B. Since June 1, 2018, E did not pay interest on loans, and on August 23, 2018, E does not pay a total of KRW 304,019,178 as of August 23, 2018.

C. B on May 9, 2018, each real estate listed in the separate sheet owned by it (hereinafter “instant real estate”) was registered for transfer of ownership on April 6, 2018 in the Defendant’s future.

A on August 28, 2018, filed the instant lawsuit against the Defendant claiming that the sales contract between B and the Defendant with respect to each of the instant real property constituted a fraudulent act, and that the revocation of the sales contract and the cancellation of ownership transfer registration.

E. B was declared bankrupt by the Changwon District Court (2018Hadan1019) on August 28, 2018, and the Plaintiff was appointed as the bankruptcy trustee B.

On February 1, 2019, the Plaintiff taken over the instant lawsuit from A, and changed the purport of the claim into a lawsuit for denial.

【Fact-founded facts, Gap 1 through 3, 5, 7 (including paper numbers), and the purport of the whole pleadings

2. Determination

A. The “act of the debtor knowing that he would prejudice any bankruptcy creditor”, which is an act subject to avoidance as prescribed by Article 391 subparag. 1 of the Debtor Rehabilitation and Bankruptcy Act, as to the cause of the claim, is not only a fraudulent act of reducing the bankruptcy estate by deviating from the bankruptcy estate the general property of the debtor, which is a joint security of all creditors, from the bankruptcy estate, but also a fraudulent act of reducing the bankruptcy estate by deviating from the bankruptcy estate. Such an act as repayment to a specific creditor or provision of security against a specific creditor, affects the debtor’s property relationship and

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