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(영문) 서울중앙지방법원 2020.06.25 2019가합548922

사해행위취소

Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: (a) from February 7, 2019 to KRW 172,206,180 among them, and from February 7, 2019.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement and a loan agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) as indicated in the following table, and issued a letter of credit guarantee.

F has jointly and severally guaranteed the obligation of the Defendant Company to the Plaintiff according to each credit guarantee agreement of this case.

(2) On September 2, 2016, G. 201, G. 255,000,00 H Bank 300,000,000 I on September 22, 2016, Sept. 2016, 300,00 H Bank 30,000,000,000 H Bank on April 19, 2018, J. 319,50,000,000 on April 19, 200, J. 35,00,000,00 K Bank 35,000,000 K Bank 35,000,000,000 L on May 9, 2018, 200,000 M Bank;

B. On November 5, 2018, the Plaintiff paid 2,545,431 won as indicated below by performing the guaranteed obligation under each credit guarantee agreement of this case as of November 1, 2018 due to the occurrence of defective credit guarantee accidents, such as principal and interest delinquency, etc. 20. 4. 7. 1: GH Bank 25,00,00, 264,923, 245, 2500, 2465, 25, 200, 200, 200, 923, 245, 200, 240, 245, 240, 245, 245, 2452, 245, 25, 200, 305, 2639, 208, 205, 2005, 26395, 298, 2005

C. F’s death and Defendant B, C, and D’s limited inheritance approval 1) died on October 24, 2018, and F jointly succeeded to the networkF by Defendant B (3/7 shares in inheritance) and Defendant C, C, and D (2/7 shares in inheritance), who are the spouse of the networkF, jointly succeeded to the networkF. (2) Defendant B, C, and D, as the heir of the networkF, filed an application for the permit of inheritance with Suwon District Court’s Ansan Branch Branch 2018Mo3476, Mar. 15, 2019.