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(영문) 대전지방법원 천안지원 2017.01.18 2016가단101699
사해행위취소
Text

1. It was concluded on July 28, 2015 with respect to each real estate listed in the separate sheet Nos. 1 through 4 between the Defendant and B.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim for reimbursement against B 1) The Plaintiff is D Co., Ltd. (hereinafter “D”) around June 11, 2013.

) The credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”) between 170 million won and the guaranteed amount (the change to KRW 144.5 million thereafter) and the credit guarantee agreement between June 10, 2014 (the change to June 10, 2016 thereafter) (hereinafter referred to as the “credit guarantee agreement of this case”).

(B) On the same day, B, as the representative director of D, guaranteed D’s obligation under the credit guarantee agreement of this case. (2) D loaned KRW 200 million from the Industrial Bank of Korea on the basis of the credit guarantee agreement of this case. However, on August 31, 2015, a credit guarantee accident caused by the closure of business.

On October 8, 2015, the Plaintiff subrogated 139,628,273 won to the Industrial Bank of Korea.

3) Around October 22, 2015, the Plaintiff filed an application with Suwon District Court for a payment order with D and B as the Suwon District Court 2015 tea13541. around October 28, 2015, the said court ordered D and B to pay KRW 138,654,253 to the Plaintiff jointly and severally and severally, and KRW 138,654,253 to the Plaintiff from October 8, 2015 to November 4, 2015, and KRW 12% per annum from the following day to the date of full payment. The said payment order became final and conclusive on November 19, 2015 (hereinafter referred to as “instant claim for indemnity”).

B) On July 28, 2015, B’s disposal act: (a) each of the real estate listed in the Defendant and the separate sheet (hereinafter “each of the instant real estate”); and (b) when an individual real estate is named, “the instant real estate” according to the sequences.

) The sales contract for the instant sales contract (hereinafter “instant sales contract”).

B. The registration of ownership transfer was completed on August 7, 2015.

C. On November 27, 2015, with respect to the 3 and 4 real estate in the process of the voluntary auction procedure, the procedure of the voluntary auction was initiated with the Daejeon District Court Branch C incheon-gu, Daejeon District Court.

On July 7, 2016, there is a distribution schedule that receives dividends in KRW 27,802,564 as the owner in the above voluntary auction procedure.

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