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(영문) 서울서부지방법원 2016.01.13 2013가단217040
사해행위취소
Text

1. On February 6, 2013, each real estate indicated in the separate sheet between C and the Defendants was formed.

Reasons

1. Facts of recognition;

A. (1) On March 14, 2003, when the Plaintiff received a loan of 200 million won from the bank, the Plaintiff provided a credit guarantee for the principal of the guaranteed principal as to the principal and interest of the loan of the Dispute Settlement Council and the guarantee period from March 14, 2003 to March 13, 2004. At the time, C as the representative director of the Dispute Settlement Council, as the representative director of the Dispute Settlement Council, jointly and severally guaranteed the Plaintiff’s claim of indemnity against the Plaintiff.

D. The loan and credit guarantee have been renewed in one year unit each year, but on January 6, 2009, the Dispute Resolution Council was settled in default, and the plaintiff paid 118,028,486 won to the bank on February 6, 2009.

The plaintiff filed a lawsuit against the Dispute Resolution and C, and "the Dispute Resolution and C shall jointly and severally pay to the plaintiff 118,016,508 won and 118,016,245 won among them, 15% per annum from February 6, 2009 to June 1, 2009, and 20% per annum from the next day to the date of full payment." The judgment for the claimant was finalized.

(Seoul Central District Court Decision 2009Da139056 Decided July 24, 2009).B

C From July 14, 2009, from July 14, 2009 to the representative director of the K K in charge of the sale and purchase of electrical products, Defendant A, the spouse L as an internal director, and ASEAN as an auditor, and the above company was actually controlled and managed, but the company did not own any property in its name.

Dor C has also borne a large amount of liability for financial institutions such as national banks, national banks, our banks, modern cards, treatment capitals, modern socials, etc.

Referencely, in this situation, C’s father died on June 24, 2012, and C,O, and Defendant B-3: (a) the deceased’s spouse, the deceased’s spouse; (b) jointly succeeded to the deceased’s property rights and duties in the proportion of 2:2: and each real estate listed in the separate sheet was inherited property.

⑷ 망 N의 공동상속인 4인은 2013. 2. 6. ㈎ 별지 목록 순번 1 내지...

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