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(영문) 전주지방법원 2021.01.14 2019나10012
사해행위취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

Reasons

1. Basic facts

A. On November 20, 2015, the Plaintiff entered into a credit guarantee agreement with E Co., Ltd. (hereinafter “E”) (hereinafter “the instant credit guarantee agreement”). B, a representative director of E at the time, jointly and severally guaranteed the Plaintiff’s debt to E under the instant credit guarantee agreement.

The term of guarantee under the first credit guarantee agreement was November 17, 2017, but it was thereafter extended on November 17, 2018.

B. The instant credit guarantee agreement provides that, when the Plaintiff fulfilled the guaranteed obligation, E and B shall reimburse the amount of the guaranteed obligation to the Plaintiff, the delayed damages calculated by the ratio set by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, and expenses incurred in the preservation and exercise of the rights acquired through the performance of the guaranteed obligation (Article 10).

E was granted a loan of KRW 300 million from F Bank as security to the credit guarantee issued by the Plaintiff, but was in arrears from March 23, 2018, and was treated as poor on April 25, 2018.

Accordingly, on September 20, 2018, the Plaintiff subrogated to F Bank KRW 259,788,339 (i.e., KRW 255,00,000 interest at KRW 4,788,339) in accordance with the instant credit guarantee agreement.

Of the expenses incurred by the Plaintiff for the preservation, etc. of the claim for reimbursement against E, the amount not recovered from E is KRW 1,315,578.

(d)

On the other hand, on March 5, 2018, B sold each of the real estate listed in the separate sheet owned by B (hereinafter “each of the instant real estate”) to the Defendant (hereinafter “instant sales contract”). On March 7, 2018, B completed the registration of transfer of ownership in the name of the Defendant as the receipt No. 3587 on March 7, 2018 by the Jeonju District Court and the Chang Chang District Court, which received on March 7, 2018.

【Fact-finding without a dispute over the basis of recognition, Gap evidence of Nos. 1 through 5, Eul evidence of No. 1, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The gist of the Plaintiff’s assertion 1) The Plaintiff’s joint and several liability for reimbursement against E was insolvent, and each of the instant cases.

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