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Reasons
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(영문) 서울중앙지방법원 2018.03.23 2017가합532534
사해행위취소 등
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1. Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 270,686,213 and KRW 270,244,324 among them.

Reasons

1. Facts of recognition;

A. On March 25, 2016, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and concluded a credit guarantee agreement between the said company and the said company (hereinafter “Nonindicted Bank”) to guarantee principal and to guarantee the period from March 25, 2016 to March 24, 2017 (hereinafter “the instant credit guarantee agreement”). Defendant B jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff due to the instant credit guarantee agreement.

B. On March 25, 2016, the Plaintiff issued a letter of credit guarantee and the Plaintiff’s loan implementation of the Defendant Company issued a letter of credit guarantee in the name of Nonparty bank pursuant to the instant credit guarantee agreement. Under the instant credit guarantee agreement, the Defendant Company borrowed KRW 300,000,000 from Nonparty bank as the name of the corporate financing loan.

C. On September 30, 2016, the Defendant Company caused a credit guarantee accident due to the occurrence of a credit accident and the Plaintiff’s subrogation, and the Plaintiff was notified of the credit guarantee accident by the Nonparty bank on the same day. Upon Nonparty Bank’s request, the Plaintiff paid the principal and interest of KRW 270,579,414 (interest KRW 270,000,000) on October 24, 2016.

Attached Form

On April 11, 2016, Defendant B entered into a sales contract with Defendant C to sell the real estate listed in the separate sheet (hereinafter “instant real estate”) to KRW 120 million (hereinafter “instant sales contract”), and completed the registration of ownership transfer under Defendant C’s name on April 12, 2016 with respect to the instant real estate.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 12 (including branch numbers), the purport of whole pleadings

2. Defendant Company and Defendant B

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