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(영문) 서울중앙지방법원 2015.07.01 2014나57074
사해행위취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On May 26, 2009, the Plaintiff entered into a credit guarantee agreement with the co-defendant A (hereinafter referred to as “A”) of the first instance trial, whereby A borrowed KRW 20,000,000 from the Bank of Korea (hereinafter referred to as the “Korea Bank”) as a loan for corporate split-off repayment, and the Plaintiff would guarantee its loan obligations on May 26, 2014 (hereinafter referred to as the “credit guarantee agreement of this case”).

B. A submitted a credit guarantee statement issued by the Plaintiff on May 26, 2009 and received loans from 20,000,000 won from us. Since July 27, 2012, A delayed repayment of the principal and interest of loan was lost interest on August 28, 2012. Upon the performance of the guaranteed obligation under the credit guarantee contract of this case on January 21, 2013, the Plaintiff subrogated to us bank for KRW 10,00,000 and interest KRW 210,897 with interest from July 27, 2012 to January 20, 2013 (=10,000,000,000,000,000).

On the other hand, the Plaintiff recovered KRW 52,720 on January 21, 2013 and appropriated it for the repayment of the claim for reimbursement under the said subrogation, and disbursed KRW 173,140 for the preservation of the claim for reimbursement.

C. Meanwhile, on December 29, 2006, A, along with the Defendant, completed the registration of transfer of ownership on the instant apartment on December 29, 2006 by 1/2 shares each due to sale on November 3, 2006, and thereafter, on June 29, 2012, A completed the registration of transfer of ownership on 1/2 shares among the instant apartment, based on the instant donation contract in the future of the Defendant.

A married with the Defendant on December 23, 2002, and resulted in her child F on February 13, 2003. On February 2013, 2013, the Seoul Family Court filed an application for confirmation of divorce with the Seoul Family Court No. 2013No. 469, and subsequently, on May 14, 2013, the said court confirmed the intention of divorce and divorced with the Defendant on the same day.

[Ground of recognition] Facts without dispute, Gap 1 through 9 evidence, Eul 6 evidence, the purport of the whole pleadings

2. Determination

(a)the existence of the preserved claim may be protected by the obligee’s right of revocation;

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