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(영문) 대구지방법원 2016.03.31 2015가합201583

사해행위취소

Text

1.(a)

On July 28, 2014, concerning each real estate listed in attached Tables 1 and 2 between Defendant A and C.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a credit guarantee agreement with C on January 22, 2009 and March 12, 2009 as indicated in the following table. At the time of entering into each credit guarantee agreement, upon the Plaintiff’s subrogation of C, C shall reimburse the amount of the guaranteed obligation to the Plaintiff and the amount of the guaranteed obligation and the damages for delay calculated at the rate (12 per annum) determined by the Plaintiff’s reimbursement, guarantee fees, and expenses. At the time of the above credit guarantee agreement, D, the representative of C, jointly and severally and severally, jointly and severally, jointly and severally and severally, the amount of the guaranteed obligation to the Plaintiff (hereinafter “the first agreement”) and the second agreement.

(2) On January 16, 2015, the Plaintiff entered into an agreement with D on June 9, 2010,000 of the first agreement on the guarantee principal (the first agreement 570,000,000, the first agreement on January 21, 2015) (the first agreement 570,000,000, the first agreement on January 21, 2015) (the first agreement 408,50,000, the first agreement 408,500,000, the first agreement on March 6, 2015 (the first agreement 11, 2010, the first agreement) between D and D on June 9, 2009 and June 27, 2012, the Plaintiff agreed on the credit guarantee amount as set forth in the following table to reimburse the Plaintiff’s guaranteed liability and its repayment damages (the second agreement on June 21, 2012).

At the time of each credit guarantee agreement, C, the representative director of D, jointly and severally guaranteed the liability for reimbursement against the plaintiff of D.

(1) The term “the third agreement” and “the fourth agreement” under the aforementioned credit guarantee agreement). The third agreement, the term of guarantee principal, e.g., the term of guarantee principal, 90,000 (the first agreement 100,000,000 at the beginning of June 9, 2010) and C/ the fourth agreement 190,000,000,000 under the third agreement e.g., the term of guarantee principal (the second agreement e., the first agreement e., the first agreement e., June 26, 2015 (the first agreement e.g., June 26, 2013) shall be 60,000,000,0000,000 and C/ the first agreement e.g., the amount of the loan (the first agreement e., June 20, 200, 3000, c/ the first agreement e., June 16, 200000