logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2018.01.25 2017가단109425
사해행위취소
Text

1.With respect to shares of 4/75 of the real estate listed in the Schedule,

A. On February 27, 2017, between Nonparty B and the Defendant.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement and loans - the Plaintiff entered into a credit guarantee agreement with Nonparty C Co., Ltd. (hereinafter referred to as “principal debtor”) on each of the following credit guarantee dates, respectively, and issued a credit guarantee agreement with the principal debtor as follows. Nonparty B, upon the performance of the Plaintiff’s credit guarantee obligation, jointly and severally guaranteed the obligation for indemnity owed by the principal debtor to the Plaintiff.

The guarantee rate of KRW D 74,375,00 on July 15, 2016: D 74,375,000 on the date of credit guarantee: 85% on July 14, 2017: E 85,00,000 on August 5, 2016: 85% on the guarantee rate of KRW 85,00,000: 85% on August 4, 2017, the principal debtor obtained a loan from the Industrial Bank of Korea as collateral (hereinafter “instant loan”).

B. On January 3, 2017, when a credit guarantee accident occurs and subrogated for the principal debtor, the principal debtor was disqualified from paying the principal and interest of the loan of this case due to the suspension of current account transaction, and then a guarantee accident occurred due to failure to pay the principal and interest of the loan. On February 20, 2017, the Plaintiff subrogated 160,665,404 won to the Industrial Bank of Korea.

C. B and the Defendant’s sales contract - B entered into a sales contract with the Defendant on February 27, 2017 with respect to the share of 4/75 of the real estate listed in the separate sheet (hereinafter “instant share”) (hereinafter “instant sales contract”); and 1-b of the order (hereinafter “instant sales contract”);

The registration of transfer of shares such as the same as the paragraph was completed. -

The instant shares are the only real estate in B, and B and the Defendant are punished.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 6 (including additional number attachment), Eul evidence 1, fact-finding to the computerized information center of the Supreme Court of this Court, the purport of the whole pleadings

2. Determination

A. That prejudices creditors in one fraudulent act and one intention to commit fraudulent acts causes a decrease in the debtor's whole property, i.e., the decrease in the debtor's property by the debtor's disposal of property.

arrow