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(영문) 서울남부지방법원 2016.10.26 2015가단212002
사해행위취소
Text

The gift contract concluded on April 10, 201 between the defendant and the non-party B on April 10, 201 shall be 80,621.

Reasons

Facts of recognition

On May 22, 2012, the Plaintiff’s claim for reimbursement C Co., Ltd. (hereinafter “Nonindicted Company”) concluded a credit guarantee agreement with the Plaintiff and borrowed KRW 180,000,000 from the Industrial Bank of Korea.

According to the above credit guarantee agreement, the joint representative director B entered into a joint and several guarantee agreement on the principal amount of KRW 90,000,000 among the non-party company's indemnity obligations against the plaintiff and the interest amount that the plaintiff additionally bears to the above bank.

However, when a guarantee accident occurred on March 28, 2014 during the credit guarantee period, the Plaintiff paid 180,773,418 won to the said bank on May 29, 2014.

The Plaintiff filed a payment order against B, etc. on September 16, 2014 with the Incheon District Court Decision 2014Guj9223, stating that “B shall jointly and severally with the non-party company pay damages for delay to the Plaintiff KRW 91,782,038 and KRW 90,386,709, which became final and conclusive around that time.”

B, on April 17, 2014, concerning the real estate listed in the separate sheet (hereinafter “instant real estate”) on April 17, 2014, B, including the disposal of B’s real estate and the status of property, completed the registration of ownership transfer in the name of the Defendant on the ground of donation on April 10, 20

(hereinafter “instant transfer registration”). Meanwhile, around the above time, active property B was equivalent to KRW 2,391,904,591 in total, while passive property was in excess of KRW 2,574,33,00 in total.

B and the Defendant were legally married couple who completed a marriage report on December 14, 1977. On April 10, 2014, the Defendant applied for the confirmation of intention of divorce by agreement under this Court No. 2014-143, and completed the divorce report on October 24, 2014 after obtaining confirmation of intention of divorce on July 28, 2014.

On July 11, 2014, with respect to the auction of the instant real estate and the instant real estate distributed, a distribution schedule was formulated to the effect that the Defendant, the owner of the instant real estate, was paid the amount of dividends of KRW 80,621,920 from the date of distribution on April 30, 2015.

The plaintiff is attached to attached Form.

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