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(영문) 서울중앙지방법원 2018.05.24 2017가합505211
사해행위취소
Text

1. As to the Plaintiff, Defendant A and B jointly and severally KRW 328,523,302 and KRW 326,40,655 among them, Defendant A and B shall be jointly and severally liable for the payment of KRW 326,40,655.

Reasons

1. Basic facts

A. 1) The Plaintiff (hereinafter “Defendant A”) entered into a credit guarantee contract

B) As regards Defendant A’s loan from the Industrial Bank of Korea, the term “the credit guarantee agreement of this case” refers to a credit guarantee agreement concluded on March 3, 2016 (hereinafter referred to as “the credit guarantee agreement of this case”) with the guarantee period of KRW 400,00,000 (the guarantee amount of KRW 320,000,000, February 25, 2016) to guarantee the payment of the principal and interest of loan, in order to secure the repayment of the principal and interest of loan, and on March 4, 2016 (the change to March 3, 2017 thereafter).

(2) On March 4, 2015, Defendant B entered into a credit guarantee agreement of this case, and the Plaintiff issued a written credit guarantee of KRW 400,000,000 as the guaranteed party under the credit guarantee agreement of this case. Defendant A obtained a loan of KRW 500,000,000 from the Industrial Bank of Korea as security.

B. On May 31, 2016, Defendant A entered into a lease on a deposit basis (hereinafter “instant lease on a deposit basis”) with Defendant C as to the real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant lease on a deposit basis”) on the deposit basis, between May 31, 2016, and between May 31, 2016 and May 31, 2019, and completed the registration of establishment of a lease on a deposit basis (hereinafter “registration of establishment of a lease on a deposit basis”). Defendant C, C, C, 300,000,000 won as of July 18, 2016 (hereinafter “registration of establishment of a lease on a deposit basis”).

After that, on September 7, 2016, Defendant A decided to change the deposit amount of the right to lease on a deposit basis with Defendant C as KRW 52,00,000, and completed the registration of the Ulsan District Court and the registration of change of the right to lease on a deposit basis (hereinafter “registration of change of the right to lease on a deposit basis”) that changed the deposit amount from KRW 52,00,000 to KRW 16973 on September 8, 2016.

C. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation on July 3, 2016, Defendant A delayed repayment of the principal and interest of the above loan from around July 3, 2016, and caused a guarantee accident on July 20, 2016. Accordingly, the Plaintiff’s payment to the Industrial Bank of Korea on November 9, 2016.

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