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(영문) 인천지방법원 2020.07.08 2019가단267623
구상금 및 사해행위 취소의 소
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1. The defendant shall pay to the plaintiff KRW 26,544,772 and its interest from the day immediately following the day this judgment is finalized to the day of complete payment.

Reasons

1. Facts of recognition;

A. (1) On July 11, 2014, the Credit Guarantee Fund entered into a credit guarantee agreement with A with the Korea Credit Guarantee Fund for KRW 72,00,000,000. A received a credit guarantee agreement from the Korea Credit Guarantee Fund under the said credit guarantee agreement and received KRW 80,000,000 from D banks on the same day. (2) A applied for a personal rehabilitation on February 26, 2016 and filed an application for a guarantee, and the cause for the said guarantee arises. The Plaintiff subrogated for KRW 73,290,03 on behalf of D banks on May 9, 2016.

B. A’s disposal disposition 1) The Defendant is the father of the deceased E, who is the spouse of A, and on November 5, 2001, the real estate listed in the separate sheet (hereinafter “instant real estate”).

After acquiring ownership, on March 12, 2002, the instant real estate was donated to the network E, and completed the registration of ownership transfer on March 12, 2002. Following the death of the network E on March 23, 2014, A, its heir, on April 4, 2014, completed each registration of ownership transfer for 2/7 shares out of the instant real estate on the same date, as inheritance for 120,00,000,00 won, and on January 4, 2018, for the instant real estate, A, F, and G completed each registration of ownership transfer for 2/7 shares out of the instant real estate on the same date. 2) A and F, and G, on December 222, 2017, sold the entire instant real estate to the Defendant on December 120, 200,000,000 won by completing the registration of ownership transfer under the name of co-owners of the Defendant on the instant real estate.

(hereinafter “instant sales contract”) between A and the Defendant for 3/7 shares out of the instant real estate.

67,285,714 won (i) 67,285,714 won (i.e., 157,00,000 won x 3/700 won) x (ii) H bank’s obligations to H bank : 18,479,000 won ; (ii) obligations to H card 9,288,000 won ; (iii) obligations to K card : 2,104,00 won ; (iv) Obligations to K Card : 5,872,00 won ; (v) Obligations to He Card : 2,886,00 won : Obligations to He Card : 5,000 won : 63,585,000 won ; 7,000 won ; (7) Obligations to He Card ; and

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