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(영문) 수원지방법원 2017.06.08 2016가단512138
사해행위취소
Text

1. The gift agreement entered into on August 20, 2015 between the Defendant and B shall be KRW 29,101,960.

Reasons

1. Basic facts

A. (1) On September 18, 2014, the Plaintiff entered into a credit guarantee agreement with B on September 18, 2014, and agreed to provide credit guarantee for the repayment of the principal and interest to be borne by B as a loan from the main branch of a single bank. (2) B lost the benefit of due date upon application for individual rehabilitation on November 2, 2015, and the Plaintiff did not pay the principal and interest of loan. On February 15, 2016, the Plaintiff paid KRW 30,367,913 as the principal and interest of loan under credit guarantee at the main branch of a single bank.

3) As of April 26, 2017, the Plaintiff collected part of the amount of subrogation from B and held a claim of KRW 29,101,960 as of April 26, 2017.

(1) A contract to donate a gift (hereinafter “instant donation”) is concluded.

(C) The registration of ownership transfer was completed on the same day. B’s property status at the time of the instant donation was assumed with the obligation to Han Bank, the National Bank, etc. at the time of the instant donation. However, there was no real estate other than the instant real estate, nor did there existed any particular positive property. The market value at the time of March 25, 2015 was KRW 242,50,000 for the instant real estate, and at the time of donation, at the time of donation, the debtor B, the National Bank of Korea, the maximum debt amount was KRW 78,00,00,00 for the actual secured debt amount was KRW 64,405,456 for the debtor, B, the debtor, the National Bank of Korea, the maximum debt amount was KRW 91,00,00 for the actual secured debt amount, KRW 74,313,91 for each of the said donations, and each of the said real estate was set out with the purport that each of the instant collateral security rights was revoked from 17,15,81,27.7.

2. Determination

(a) a claim for conservation;

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