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(영문) 서울중앙지방법원 2020.09.18 2019가단5106876
사해행위취소
Text

1. As to KRW 9,402,286 and KRW 9,311,329 among the Plaintiff, Defendant A shall pay to the Plaintiff the year from December 27, 2018 to June 30, 2019.

Reasons

1. Facts of recognition;

A. On August 31, 2017, the Plaintiff entered into a credit guarantee agreement with Defendant A and D Co., Ltd. (hereinafter “Nonindicted Bank”) with the principal of the credit guarantee (hereinafter “instant credit guarantee agreement”) with the term of August 26, 2022, in order to guarantee the payment of the principal and interest of the loan to Defendant A and D Co., Ltd. (hereinafter “Nonindicted Bank”).

B. Defendant A submitted a credit guarantee certificate issued pursuant to the instant credit guarantee agreement and received a loan from the Nonparty bank. On September 1, 2018, the occurrence of a guarantee accident of principal and interest (including unpaid payment of discount bills) occurred.

Accordingly, on December 27, 2018, the Plaintiff subrogated to Nonparty Bank for KRW 9,500,349, and recovered KRW 189,020 from Defendant A on the same day.

On the other hand, the outstanding amount is KRW 90,957 among the legal procedure costs incurred by the plaintiff for the preservation of the above claim for reimbursement.

C. Meanwhile, the Defendants purchased real estate listed in the separate sheet (hereinafter “instant real estate”) on March 16, 2013, and completed the registration of ownership transfer on April 19, 2013 as to each of the instant real estate shares on April 19, 2013.

The Defendants were the legal couple who completed the marriage report. Defendant A brought a lawsuit seeking divorce, consolation money, division of property, etc. against Defendant C with the Gwangju Family Court Branch, and Defendant C brought a counterclaim against the Defendant A seeking divorce, consolation money, division of property, etc. during the said lawsuit.

[2014dern 3817 (Mains), 2015dern 10164 (Counterclaim)] E.

On April 20, 2015, the case of the above divorce claim was pending, and the decision of recommending reconciliation was made by the Defendants on April 20, 2015, and the above decision of recommending reconciliation became final and conclusive as it is.

(hereinafter referred to as the “decision on Recommendation for Settlement of this case”). 1. Defendant A and Defendant C are divorced.

2. The consolation money and division of property:

A. Defendant C is simultaneously liable for the performance of the pre-registration procedure with respect to the ownership of 1/2 of the instant real estate by Defendant A.

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