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(영문) 서울중앙지방법원 2015.10.30 2014가합577031
사해행위취소
Text

Defendant A, B, and C jointly and severally for the Plaintiff KRW 207,310,269 and KRW 204,066,460 among them.

Reasons

1. Basic facts

A. The Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant A”) on June 19, 2013 (hereinafter “Defendant A”).

As between the above defendant and the Industrial Bank of Korea (hereinafter “Industrial Bank of Korea”)

(3) In obtaining a loan from a party, the credit guarantee agreement of this case (hereinafter referred to as the “instant credit guarantee agreement”).

(2) Defendant C and Defendant B, the actual manager of the above Defendant, jointly and severally guaranteed the Defendant’s obligation to the Plaintiff at the time. The Defendant A received KRW 250 million from an enterprise bank as collateral for the credit guarantee agreement of this case. On April 21, 2014, the said Defendant’s property was provisionally attached and the interest on the said loan obligation was overdue from May 24, 2014.

3) On October 8, 2014, the Plaintiff repaid the principal and interest of a company bank KRW 204,066,460 to the Plaintiff, and acquired KRW 798,900 as a penalty claim against the Defendant A, and paid KRW 2,44,909 as a cost for preserving the claim for indemnity acquired as a result of the said subrogation. The agreed delay damages rate for the amount of subrogation is 12% per annum. (B) As to the real estate listed in the [Attachment A and C] List 1 and 2 (hereinafter “real estate”) owned by the Defendant D, the Defendant concluded a mortgage contract with the maximum debt amount of KRW 30 million (hereinafter “instant mortgage contract”) on February 20, 2014, and completed the registration of the establishment of a mortgage (hereinafter “instant establishment”) with the Defendant D on the same day.

2) Defendant C’s real estate indicated in Articles 4 and 5 of the Attached List Nos. 4 and 5 (hereinafter “Real Estate Nos. 4 and 5”) owned by Defendant E, the wife of Defendant D.

With respect to the sales contract on March 11, 2014 (hereinafter referred to as “the first sales contract”).

(C) The registration of ownership transfer (hereinafter referred to as “registration of ownership transfer”) to Defendant E on March 21, 2014.

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