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(영문) 대구지방법원 2017.12.12 2017가단114808
사해행위취소
Text

1. On March 7, 2016, the Defendant and Nonparty B entered into a contract with respect to the real estate listed in [Attachment List Nos. 1 through 9].

Reasons

1. Basic facts

A. The Plaintiff’s credit guarantee B with Nonparty B operated “C” as a business chain engaged in the business of manufacturing self-denunciation products and self-admitting materials in the real estate listed in the attached Table 1, 2, and 3 (hereinafter “instant factory”).

On August 3, 2012, Nonparty B entered into a credit guarantee contract with the Plaintiff and received a credit guarantee (the loan amount of KRW 17 million on August 2, 2017, the guarantee amount of KRW 99.5 million, the guarantee amount of KRW 9.5 million) and received a loan on August 2, 2017 at the lower point of a national bank.

B. B and the Defendant’s husband D managed E (hereinafter “E”). By December 31, 2010, E supplied raw materials to B and was awarded KRW 61,084,220 as the goods price, and it was rendered a favorable judgment by filing a lawsuit with the Daegu District Court Decision 2013Gadan3597. However, B was unable to fully pay the judgment even at the time of the instant sales contract. In addition, B was also liable for the debt of KRW 4 million to D. 2) on March 7, 2016, B and the Defendant’s agent sold the real estate stated in the attached list 1 through 9 (hereinafter “F real estate”) to the Defendant for KRW 868 million, including the instant factory (hereinafter “instant sales contract”), and registered the ownership transfer of the instant real estate to the Defendant on March 25, 2016.

3) D offsets down payment of KRW 40 million against D, and paid KRW 66 million to B on March 25, 2016, KRW 160 million and KRW 16 million to B. Of the purchase price, KRW 3 million are leased the instant factory to Nonparty G and replaced with KRW 3 million, and KRW 3 million are paid to G on April 5, 2016, by paying KRW 30 million to G, and KRW 886,800,000 as the purchase price was paid to the Defendant on March 25, 2016.

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