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(영문) 광주지방법원목포지원 2019.09.24 2018가합11218

사해행위취소

Text

1. As to real estate listed in Attachment 1:

A. A sales contract concluded on May 20, 2018 between E and Defendant A is concluded.

Reasons

1. Facts of recognition;

A. (1) On August 8, 2014, the Plaintiff provided a credit guarantee with a credit guarantee term of KRW 170,000,000 as guaranteed amount and by August 5, 2016, to the FF farming association (hereinafter “FF association”) for a credit guarantee term of KRW 170,00,000, and the said guarantee term was extended to August 3, 2018.

(2) On August 8, 2014, the Plaintiff provided credit guarantee to the non-party union with the guaranteed amount of KRW 127,50,000,000, and the term of guarantee on August 7, 2015. The term of guarantee was thereafter extended to August 3, 2018.

(3) The non-party association agreed not only to perform its guaranteed obligation but also to repay the amount equivalent to the amount of the Plaintiff’s guaranteed obligation to the Plaintiff prior to the performance of the Plaintiff’s guaranteed obligation if the non-party association’s establishment of a seizure, provisional seizure, provisional disposition, or application for auction had been filed with respect to the non-party association’s establishment of a credit guarantee agreement, including the first and second credit guarantee agreement of this case.

E has jointly and severally guaranteed the reimbursement obligation against the plaintiff of the non-party union.

(4) On August 8, 2014, the non-party union submitted a guarantee under the instant first credit guarantee agreement to G Co., Ltd. (hereinafter “G”) and borrowed KRW 200,000,000 from G to August 5, 2016 by setting the due date for payment.

(5) A non-party union submitted a guarantee under the Second Credit Guarantee Agreement to G on August 8, 2014 and received a loan by setting KRW 150,000,000 from G until August 7, 2015.

(hereinafter referred to as “the instant loans 2,” and including the instant loans 1 and 2, hereinafter “each of the instant loans”). B.

(1) In the event of a credit guarantee accident, H Co., Ltd. (hereinafter “H”) is the Suwon District Court’s Ansan on April 11, 2018.