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(영문) 서울동부지방법원 2017.10.27 2017가합100961
사해행위취소
Text

1.(a)

The shares of each 1/2 of the real estate listed in attached Tables 1 and 2 and paragraph 3 of the attached Table shall be stated between the defendant and B.

Reasons

1. Basic facts

A. On October 2, 2012, the Plaintiff entered into a credit guarantee contract and joint and several sureties B’s joint and several sureties (hereinafter “C”) with C Co., Ltd. (hereinafter “C”).

Between the end of September 27, 2013, the guaranteed amount of KRW 113.9 million, the guarantee period of the guaranteed amount of KRW 25.5 million, and the guarantee period of the guaranteed amount of KRW 25.5 million, as of December 23, 2016.

(i)a credit guarantee contract (hereinafter referred to as “credit guarantee contract”) set forth therein;

C) The Industrial Bank of Korea (hereinafter “Corporate Bank”) was established at that time as security.

(1) 134 million won (hereinafter referred to as “one loan”) from the Corporation;

(2) Around 2015, the Plaintiff entered into another credit guarantee contract with C, and C was additionally loaned KRW 285 million from an enterprise bank as collateral (hereinafter “second loan”).

On September 22, 2016, the Plaintiff entered into a credit guarantee agreement (hereinafter “second credit guarantee agreement”) with C by setting the guarantee amount of the second loan as KRW 2228 million, and the guarantee period as of September 21, 2021 (hereinafter “second credit guarantee agreement”), along with the first credit guarantee agreement, as well as the first credit guarantee agreement.

3) At the time of the conclusion of each credit guarantee contract in this case, B, the representative director of C, jointly and severally guaranteed the obligation to be borne by C to the Plaintiff in accordance with each credit guarantee contract in the future. B (i) concluded a sales contract with the Defendant on April 6, 2016 with respect to the real estate owned by B (hereinafter “instant promise”) and completed the provisional registration of ownership transfer claim (hereinafter “provisional registration in this case”) as of April 7, 2016 with the Gu District Court’s District Court’s registry office, received as of April 7, 2016, and completed the provisional registration of transfer right claim (hereinafter “provisional registration in this case”). On July 25, 2016, B concluded a sales contract (hereinafter “sales contract as of July 25, 2016”) with the purchase price of KRW 375 million and completed the registration of ownership transfer to the Defendant on August 26, 2016.

2 B and D are between the Defendant on April 7, 2016.

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