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(영문) 대구지방법원 경주지원 2017.01.10 2016가단12291
사해행위취소
Text

1. The sales contract concluded on October 27, 2015 with respect to the amount of 4332.4 square meters in racing between the Defendant and B shall be revoked.

2...

Reasons

1. The following facts may be acknowledged, either in dispute between the parties or in full view of Gap evidence Nos. 1, 2, 3, 4, 5, 6, and 8 (including paper numbers), the results of the inquiries by the Ministry of Land, Infrastructure and Transport of this Court, and the Court Administration, as a result of the inquiries by the Ministry of Land, Infrastructure and Transport of this Court, the results of the response to the submission of financial transaction information to

D Co., Ltd. (hereinafter “D”) obtained a loan from the Industrial Bank of Korea or the Daegu Bank from July 3, 2008 to April 10, 2009 under the Plaintiff’s credit guarantee five times, or traded with SPPS Co., Ltd.

And B has jointly and severally guaranteed the debt owed to the plaintiff of the D company according to the above credit guarantee of the plaintiff.

B. As D Company loses creditors’ benefit by filing an application for rehabilitation on July 7, 2015, the Plaintiff subrogated for KRW 282,728,30 on September 9, 2015, the amount of KRW 10,689,84, KRW 6244, KRW 625,958,222, KRW 281,42,42, KRW 27,769, and KRW 50,000,00 for obligations to the Bank of Korea of D Company to the Daegu Bank of the D Company on September 14, 2015.

C. The Plaintiff filed an application with the Seoul Western District Court No. 2015 tea64051 for a payment order claiming the amount of reimbursement for subrogation under the said subrogation.

On October 12, 2015, the above court ordered the Plaintiff to pay KRW 1,122,081,902 to the Plaintiff and KRW 491,117,340 to the Plaintiff; KRW 349,124,212 to the Plaintiff; KRW 12% per annum from September 9, 2015 to the delivery date of the original copy of each payment order; KRW 281,427,769 to the payment date; and KRW 15% per annum from the following day to the completion date of each payment order. The above payment order was finalized on October 31, 2015.

B On October 28, 2015, on October 27, 2015, the Defendant, who is his/her own Dong, sold the instant land on October 27, 2015 (hereinafter “instant purchase and sale”).

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