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(영문) 서울중앙지방법원 2017.11.16 2016나85141

사해행위취소

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1. Upon a claim for a change in exchange at the trial, the defendant shall attach attached Form to the plaintiff to the Republic of Korea.

1. The description;

Reasons

Facts of recognition

Around October 31, 2012, the Korea Credit Guarantee Fund entered into a credit guarantee agreement with D Co., Ltd. (hereinafter “D”) with a guarantee period of KRW 155,000,000 from the National Bank of Korea (hereinafter “National Bank”) (hereinafter “National Bank”) from October 31, 2012 to October 30, 2013 (hereinafter “the credit guarantee agreement in this case”). D’s representative director B and his/her wife jointly and severally guaranteed their obligations under the credit guarantee agreement in this case.

After October 30, 2014, the term of guarantee of the instant credit guarantee agreement was extended until October 30, 2014, the guaranteed amount was changed to KRW 111,20,000, and the joint and several guarantors agreed to the extension and change thereof.

D has caused a guarantee accident that is registered as credit management information on October 23, 2014.

Around that time, the Credit Guarantee Fund received a claim from the National Bank, and subrogated for KRW 114,642,439 to the National Bank on March 12, 2015 in accordance with the Credit Guarantee Agreement.

Meanwhile, D and joint and several sureties paid to the Credit Guarantee Fund the amount of the guaranteed obligation and the amount of damages calculated at the rate of 12% per annum from the date of the performance of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation, and damages for delay, unpaid guarantee fees, delayed guarantee fees, and penalty for breach of contract. Due to the measures for the preservation of claims due to the instant guaranteed accident, 744,618 won, and penalty for breach of contract was

Section B shall be in the attached Form owned by it

2. On July 17, 2014 with respect to the real estate indicated in the list (hereinafter “instant land”), the lower court concluded a mortgage agreement with the Defendant and the maximum debt amount of KRW 120,000,000, and the debtor B, and completed the registration of the establishment of the neighboring district court No. 33897, Jul. 17, 2014, which was received on July 17, 2014.

The above right to collateral security (hereinafter referred to as the "mortgage of this case") is referred to as the "mortgage of this case" and the registration of establishment.