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(영문) 대구지방법원포항지원 2019.11.28 2019가단105236
사해행위취소
Text

1. The gift contract concluded on June 19, 201 with the Defendant on the real estate stated in the separate sheet between the Defendant and B is KRW 19,941,95.

Reasons

1. Facts of recognition;

A. The Plaintiff, May 29, 2017, as a credit guarantee agreement and subrogation 1), is a stock company C (hereinafter “foreign company”) on May 29, 2017.

(2) Under the joint and several guarantee guarantee agreement between BD and its joint representative director, the non-party company entered into a credit guarantee agreement (amounting to KRW 2,1250,000,000,000,000,000). The non-party company obtained a loan from the E bank as collateral. 2,1250,000 won from the E bank. 2) The non-party company discontinued its business as of November 21, 2018 and the non-party company incurred a prior liability for reimbursement under the above agreement due to delay in payment in installments as of November 30

(Article 6(1)157). On April 18, 2019, the Plaintiff subrogated the principal and interest of 19,519,770 won to E Bank, set off the amount of 284,040 won, such as unpaid guarantee fees on the same day, and the amount of damages as of August 29, 2019 is KRW 706,265.

B. (1) B, on June 19, 2018, concluded an order donation contract with the Defendant on the real estate indicated in the separate sheet, which is the only property owned by him, and completed the registration of ownership transfer with the Defendant as the head of Daegu District Court Branch Branch Branch Branch No. 40087 on the same day. (2) As to the above real estate, the registration of cancellation was completed as of June 19, 2018 as of the FF mortgage, which was established on April 21, 2006, as of June 19, 2018. At the time of cancellation, the amount of the secured debt of the said right to collateral security was KRW 11,621,752.

3) As of August 24, 2019, the market price as of August 24, 2019 is KRW 46 million. [Grounds] Facts without dispute, Gap evidence 1-12 (including paper numbers; hereinafter the same shall apply)

No. 45, the purport of the whole pleadings

2. Determination

A. On November 21, 2018, when the Plaintiff’s claim for prior reimbursement against Nonparty Company was about five months after the date of entering into the Defendant’s gift contract, the performance guarantee insurance contract, which serves as the basis thereof, was already concluded on May 29, 2017, prior to entering into the Defendant’s gift contract. The Plaintiff’s claim for subsequent reimbursement against Nonparty Company was also occurred on April 18, 2019, which was about ten months after the date of entering into the Defendant’s gift contract, and B at that time.

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