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(영문) 서울중앙지방법원 2020.08.25 2020가단5073187

사해행위취소

Text

1. As to the Plaintiff, Defendant A’s KRW 23,689,278 and KRW 15,522,02 from October 22, 2019 to KRW 8,072,569.

Reasons

Basic Facts

A. On February 26, 2013, the Plaintiff is a public guarantee organization under the Regional Credit Guarantee Foundation Act, which performs the business of guaranteeing obligations of small and medium enterprises, etc. in Gyeonggi-do, with insufficient collateral capacity. On February 26, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A to pay all incidental obligations, such as the amount of loans of 20,000,000 won to be borrowed from the Industrial Bank of Korea from the Industrial Bank of Korea: 17,000,000, and the term of guarantee: February 26, 2014; and the amount calculated by Defendant A according to the ratio and calculation method determined by the Plaintiff from the date of repayment to the date of repayment; (2) unpaid guarantee fees, overdue guarantee fees, additional guarantee fees; (3) the insurance premium paid by the Plaintiff; (4) the expenses incurred by the Plaintiff in the preservation, transfer and exercise of the rights acquired by the Plaintiff; and (3) the execution and preservation of claims; (4) the exercise thereof; and (c) the credit guarantee number C.

B. On February 26, 2013, Defendant A obtained a loan of KRW 20,00,000 from the above bank as collateral for the above credit guarantee (hereinafter “the first loan”). After that, Defendant A changed the credit guarantee term to the effect of extending the credit guarantee term on February 21, 2020. (c) In addition, on June 17, 2015, the Plaintiff and the above Defendant A issued a credit guarantee certificate (credit guarantee number: D) on June 15, 2016, with a loan of KRW 8,00,000 for the principal and interest of the small and medium enterprise loans that the above Defendant would have borrowed from the above bank: (8,00,000,000, and the guarantee term: (a) concluded a credit guarantee agreement as described in the above paragraph (a); (d) obtained a loan of KRW 10,000 from the above bank as collateral; and (d) obtained the credit guarantee certificate (credit guarantee number: D) from the above bank as collateral.