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(영문) 창원지방법원 2017.08.17 2016가단109966
사해행위취소 등
Text

1. As to KRW 10,427,753 and KRW 10,045,656 among the Plaintiff, Defendant A shall be from May 12, 2016 to July 12, 2016.

Reasons

1. Basic facts

A. On July 29, 2013, the Plaintiff entered into a credit guarantee contract and made a credit guarantee contract with a period fixed from July 29, 2013 to July 29, 2014 when Defendant A obtained a loan of KRW 10,000,000 from the Nong Bank Co., Ltd. as a general loan subject (hereinafter “instant credit guarantee contract”).

() The Defendant A submitted the credit guarantee certificate and received a loan of KRW 10,000,00 from the Nonghyup Bank. After that, the guarantee period under the credit guarantee contract of this case was changed in sequential order and extended until July 29, 2016. (2) The Defendant A caused a guarantee accident, such as delinquency in interest, etc. on April 20, 2016, within the credit guarantee period. Accordingly, the Plaintiff subrogated for KRW 10,067,016 in total, by receiving a request for performance under the credit guarantee contract from the Nonghyup Bank on May 12, 2016.

Accordingly, as of the filing date of the instant lawsuit, the principal and interest on subrogation, etc. to be paid by Defendant A to the Plaintiff as of the filing date of the instant lawsuit is KRW 10,427,753 in total (i.e., KRW 10,045,656 in total as the principal of subrogation, KRW 382,090 in total, and the agreed rate determined by the Plaintiff is 12

B. 1) Defendant A’s disposal, etc. of real estate is each of the real estate listed in the separate sheet, which is the only property owned by himself/herself on February 17, 2016 (hereinafter “instant real estate”). The real estate is “real estate” once according to the sequences listed in the separate sheet.

Defendant B with respect to the gift agreement of this case (hereinafter “instant gift agreement”)

(B) On the same day, Defendant B entered into the registration of ownership transfer with No. 2969 (hereinafter “the registration of ownership transfer”) and completed the registration of ownership transfer to Defendant B.

(2) The National Health Insurance Corporation completed each seizure registration on real estate No. 2 and 3 April 18, 2016.

3. On February 7, 2011, the remaining agricultural cooperatives shall determine the debtor’s real estate amounting to KRW 52,00,000 with respect to the defendant A, the mortgagee South Korea Agricultural Cooperatives, the maximum debt amount, and the maximum debt amount.

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