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(영문) 대구지방법원 2019.04.18 2018가합201362

사해행위취소

Text

1. From January 11, 2018 to March 7, 2018, Defendant A’s KRW 1,001,504,099 and KRW 998,438,868 among the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a corporation established under the Credit Guarantee Fund Act for the purpose of facilitating corporate financing by guaranteeing the debt of an enterprise which lacks security capability. 2) Defendant A is the representative director of Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”) which entered into a credit guarantee agreement with the Plaintiff, and Defendant B and C are the figures of Defendant A.

B. On April 10, 2017, the Plaintiff, a joint and several surety of the instant credit guarantee agreement and indemnity amount, entered into a credit guarantee agreement with the non-party company on April 10, 2017, stating that the guaranteed amount of KRW 990,00,000, guarantee period from April 10, 2017 to April 9, 2018, and that where the Plaintiff fulfilled the guaranteed obligation, the non-party company would pay the Plaintiff the amount of subrogation and the interest rate determined by the Plaintiff’s delayed payment, guarantee fee, penalty, and legal procedure expenses incurred by the Plaintiff in order to preserve the claim (hereinafter “the instant credit guarantee agreement”). At the time, the Defendant A jointly and severally guaranteed the Plaintiff’s liability for reimbursement

C. 1) A non-party company submitted a credit guarantee certificate issued under the instant credit guarantee agreement, and borrowed KRW 1,100,000,000 from an enterprise bank, but thereafter, the non-party company filed an application for rehabilitation, and subsequently the credit guarantee accident occurred on November 16, 2017. Accordingly, on January 11, 2018, the Plaintiff subrogated to a corporate bank for the total amount of KRW 998,438,868 of the remaining principal and interest of the non-party company to the non-party company on behalf of the non-party company on January 11, 2018. Meanwhile, the interest rate for delay of the Plaintiff’s claim for indemnity against the non-party company is 10% per annum, and the expenses paid by the Plaintiff to the non-party company and the Defendant are 3,

(1) On September 15, 2017, Defendant A sold real estate listed in attached Table 1 List 2 to Defendant C for KRW 145,000,000 (hereinafter “instant sales contract”).