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(영문) 수원지방법원 2018.11.29 2018가단535876
사해행위취소
Text

1. As to shares of 1700/13821/138 of the forest land B in Jeju Special Self-Governing Province, Jeju Special Self-Governing Province:

(a) between the defendant and C.

Reasons

1. Facts of recognition;

A. D Co., Ltd. (hereinafter referred to as “foreign company”) entered into a credit guarantee agreement with the Plaintiff on November 11, 2014 (Guarantee Number E), and borrowed KRW 360,00,000 from the Industrial Bank of Korea on November 11, 2014, and entered into a credit guarantee agreement (Guarantee Number F) on November 11, 2014, and obtained a loan of KRW 480,00,000 from G Bank on November 11, 2014 with a credit guarantee certificate issued based thereon, and obtained a loan of KRW 60,00,000 from the I Bank on November 9, 2017 (Guarantee Number H), and obtained a loan of KRW 10,000 from the I Bank on October 10, 200, 200 as a credit guarantee certificate issued based thereon.

B. C as the representative director of the non-party company, jointly and severally guaranteed all the indemnity obligations against the plaintiff of the non-party company under the above credit guarantee contract.

C. The Non-Party Company delayed the payment of interest on each of the above loans from March 11, 2018 due to the aggravation of its financial standing, and was in arrears on April 27, 2018, and the Plaintiff as a guarantor from July 18, 2018.

7. Until December 25, 200, the sum of the principal and interest of each of the above loans was 1,321,012,572 by subrogation.

The plaintiff recovered KRW 3,236,040 among them, and among the legal procedural costs incurred for the preservation and recovery, the outstanding amount is KRW 174,019.

However, C completed the registration of ownership transfer on April 19, 2018 with respect to the real estate indicated in its owner’s order (hereinafter “instant real estate”). On April 19, 2018, C completed the registration of ownership transfer on the ground of the sales contract dated April 4, 2015 (hereinafter “instant sales contract”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff was predicted to incur a large amount of indemnity liability (a total of KRW 1,817,951,436 as of July 25, 2018) against the Plaintiff in the near future, where C, which has already been in a state of excess of the obligation, and the Plaintiff’s purchase and sale of the instant real estate as of April 4, 2015, which is the only property of the Plaintiff on April 19, 2018.

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