beta
(영문) 대구지방법원 김천지원 2021.01.14 2020가단32394

사해행위취소

Text

1. A sales contract concluded on October 8, 2019 between the Defendant and Nonparty B on each real estate listed in the separate sheet.

Reasons

1. Facts recognized;

A. The position of the parties concerned and the relationship 1) The Plaintiff is a corporation established pursuant to the Technology Guarantee Fund Act, the purpose of which is to contribute to the development of the national economy by guaranteeing the obligations of enterprises which lack security capacity and facilitating financing to enterprises.

2) Nonparty B (C) is a person who has been engaged in the business under the trade name of “D”, and the Defendant is a person who received the registration of ownership from Nonparty B on October 8, 2019 each of the real estate listed in the separate sheet (hereinafter collectively referred to as “each of the instant real estate”).

B. On September 15, 201, the Plaintiff entered into a credit guarantee agreement (hereinafter “the first guarantee agreement”) with Nonparty B by September 14, 201, under which the Plaintiff entered into a credit guarantee agreement with the amount of KRW 85 million guaranteed and the guarantee period until September 14, 2012 (hereinafter “after the extension of the guarantee period”), and Nonparty B received a loan of KRW 100 million from the E bank on the same day.

2) On March 7, 2012, the Plaintiff entered into a credit guarantee agreement between Nonparty B and Nonparty B (hereinafter “No. 2 guarantee agreement”) under which the guaranteed amount was KRW 85 million and the guaranteed period was extended until March 7, 2013 (the extension of the guarantee period thereafter), and issued a credit guarantee agreement (hereinafter “each guarantee agreement”). Nonparty B submitted the said credit guarantee certificate to E bank on March 8, 2012 and obtained additional loans of KRW 100 million.

3) According to each guarantee agreement of this case, when non-party B applied for commencement of individual rehabilitation procedure, the plaintiff may make a prior recourse without prior notice or demand (see Article 5 of each guarantee agreement of this case).

The occurrence of a credit guarantee accident and the Plaintiff’s claim acquisition 1) Nonparty B applied for the commencement of individual rehabilitation proceedings as of December 10, 2019, Daegu District Court 2019, and as of December 10, 2019, E banks were “credit guarantee accidents arising from rehabilitation and bankruptcy proceedings” as of December 12, 2019 to the Plaintiff on December 21, 2020.