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(영문) 창원지방법원 2013.07.11 2012가합32041

사해행위취소

Text

1. The plaintiff's lawsuit against the defendant B and ethyl corporation shall be dismissed.

2. Defendant A shall pay to the Plaintiff KRW 190,690,212.

Reasons

1. Basic facts

A. As indicated in the table 1 below, the Plaintiff entered into a credit guarantee agreement with C as to the Plaintiff’s credit guarantee 1,00,000 won with D. According to the credit guarantee agreement between the Plaintiff and C, C submitted a credit guarantee agreement issued by the Plaintiff and obtained loans from the Industrial Bank, and Defendant A jointly guaranteed the Plaintiff’s obligation to the Plaintiff under the said credit guarantee agreement. The date of guarantee No. 1 of the former Section 2 of the Credit Guarantee Agreement on May 12, 2006, as of June 7, 2010, the guarantee period of June 1, 2012, KRW 1250 million,000,000,000 won, the Industrial Bank of Korea loans to the Plaintiff at the Industrial Bank of Korea of Korea of Guarantee 1,000 won, KRW 1250,120,000,0000,0000,0000 won, in addition to the interest rate of the Plaintiff’s payment of principal and interest, C shall be paid to the Plaintiff at the rate of 15%.

B. After fulfilling the Plaintiff’s guaranteed obligation, C incurred a credit guarantee accident on September 1, 201. On October 18, 201, the Plaintiff subrogated for KRW 189,80,024 of the principal and interest of the loan to the Industrial Bank of Korea on October 18, 2011. The Plaintiff appropriated the amount of KRW 433,550 of the subrogated principal and KRW 778,180 of the subrogated principal for KRW 43,180 of the subrogated principal and KRW 1,323,560 of the subrogated principal and KRW 189,36,474 of the subrogated principal and KRW 189,36,474 of the subrogated principal, and the amount of damages for KRW 433,50 of the subrogated principal were determined.

C. C’s act of disposing of property (1) On July 11, 2011, C entered into a mortgage agreement with Defendant B on the real estate listed in paragraph (1) of the attached list of real estate owned by Defendant B, and on August 25, 2011, C entered into a mortgage agreement with Defendant B on August 25, 201 as the receipt of the Changwon District Court No. 68142, Jun. 20, 201.