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(영문) 서울동부지방법원 2018.10.26 2018가합100425

사해행위취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Each credit guarantee agreement of this case and the Plaintiff’s subrogation 1) The Plaintiff entered into an individual credit guarantee agreement with Nonparty B with the content as indicated below, and issued a written credit guarantee agreement with the same content (However, the term of guarantee is finally modified according to the Plaintiff’s notice of change in the terms of credit guarantee.

(2) On June 7, 2012, a joint and several surety for the guarantee number guarantee period fixed on the date of concluding a sequence agreement, submitted each of the above loans to the National Bank Branch of Korea (hereinafter “National Bank”) on June 27, 2012, from June 27, 2012 to March 25, 2016, and received each of the above loans from the Plaintiff at the coast (hereinafter “National Bank”) on March 27, 2013, E from March 27, 2013 to March 264, 200,000, 3300,000 C and Defendant 2).

3) Thereafter, around March 21, 2016, B and C filed a claim with the Plaintiff for the performance of the guaranteed obligation. Accordingly, on May 3, 2016, the Plaintiff subrogated KRW 606,119,176 out of B’s loans to the National Bank pursuant to the respective credit guarantee agreement. (4) The Plaintiff filed an application with the Plaintiff for the payment order against Nonparty B, a joint guarantor of each of the above credit guarantee agreements, for the payment order of subrogated payment and penalty, etc., and on May 18, 2016, “B and C jointly and severally agreed with the Plaintiff for KRW 608,00,296 and KRW 606,119,176 from May 3, 2016 to May 23, 2016 to KRW 10% per annum, and 15% per annum from the next day to the date of full payment.”

(G) Daegu District Court 2016 tea603).2

(1) The defendant is the wife C, who was the representative director of the defendant's real estate owned by the defendant, and the F apartment 103 Dong 1306, Yeonsu-gu Incheon Metropolitan City (hereinafter "the real estate in this case").

B) A loan of KRW 300 million from a national bank around March 16, 2007, which was owned by the Defendant from May 12, 1997. (2) B, around March 16, 2007.