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(영문) 수원지방법원 여주지원 2018.02.07 2017가단54710
사해행위취소
Text

1. As to each real estate listed in the separate sheet:

A. A sales contract concluded on July 27, 2016 between the Defendant and B is concluded.

Reasons

1. Facts of recognition;

A. On July 9, 2008, the Plaintiff issued a credit guarantee certificate with the credit guarantee amount of KRW 304,560,000 and July 8, 2009 with respect to the credit guarantee obligations owed by DB Co., Ltd. (hereinafter “Nonindicted Company”) to DB (hereinafter “Nonindicted Company”) on a credit guarantee amount of KRW 304,560,00, and then finally changed the guarantee period into April 29, 2016.

B under the above credit guarantee agreement between the plaintiff and the non-party company, the non-party company guaranteed the debt owed to the plaintiff.

B. On July 9, 2008, D Bank loaned KRW 380,700,000 to Nonparty Company as of July 8, 2009, and thereafter, the due date was extended on April 29, 2016.

C. On May 30, 2016, Nonparty Company lost the benefit of time due to delay in the principal of the above loan obligation.

D Bank requested the Plaintiff to discharge the guaranteed obligation, and on June 10, 2016, the Plaintiff subrogated the principal and interest of 301,643,265 won to D Bank.

After that, the plaintiff collected part of the amount of subrogation from the non-party company, and the balance of the amount of subrogation is KRW 266,616,00, and the non-party company is liable to pay the penalty, the expenses for compensating for the claim and the damages for delay.

E. B, on July 27, 2016, concluded a sales contract to sell each real estate listed in the separate sheet owned by B (hereinafter “instant real estate”) to the Defendant, who was known to the general public, at KRW 250 million (hereinafter “instant sales contract”).

On August 5, 2016, the Defendant completed the registration of transfer of shares based on the instant sales contract for the instant real estate.

F. At the time of the instant sales contract, B bears the Plaintiff’s obligation of KRW 10,341,00 as well as the obligation of KRW 266,616,00 as to the Plaintiff, and KRW 22,310,00 as to F.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 4 (including the number of pages), and the result of the order to submit financial transaction information to G institutions of this Court;

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