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(영문) 인천지방법원 부천지원 2018.03.30 2016가합103483

사해행위취소

Text

1. A sales contract concluded on September 1, 2015 between Defendant A and Nonparty D with respect to each real estate listed in the separate sheet No. 1.

Reasons

1. Basic facts

A. 1) The Plaintiff and the non-party E Co., Ltd. (hereinafter “non-party E Co., Ltd.”)

On April 24, 2014, the export credit guarantee agreement stipulating the guarantee period from April 24, 2014 to April 23, 2016 (the evidence No. 1; hereinafter referred to as “the credit guarantee agreement of this case”) as the credit guarantee amount of KRW 270,00,000 for the obligation to be borne by the non-party company after obtaining a loan from the Industrial Bank of Korea in connection with export transactions.

(2) According to Article 7(2) and (1)6 of the Credit Guarantee Agreement, when the bank related to the loan of the credit guarantee division notifies the occurrence of a credit guarantee accident or requests for the performance of a guaranteed obligation, the Plaintiff may exercise the right to indemnity against the principal debtor and the joint guarantor prior to the performance of the guaranteed obligation.

In addition, Article 8 of the Credit Guarantee Agreement provides that the non-party company shall pay to the plaintiff the amount of the guaranteed obligation, the reasonable expenses incurred in the preservation, performance, and exercise of the rights acquired by the plaintiff due to the discharge of the guaranteed obligation, and damages for delay in accordance with the interest rate determined by the plaintiff as to each of the above amounts. The interest rate determined by the plaintiff is

3) On April 24, 2014, the Plaintiff entered into a credit transaction agreement with the Industrial Bank of Korea on April 24, 2014 (hereinafter “the instant credit transaction agreement”), setting the guarantee amount of KRW 270,00,000, and the guarantee period from April 24, 2014 to April 23, 2016, and issued an export credit guarantee (electronic) guarantee to the non-party company as collateral of the above export credit guarantee (electronic). The non-party company entered into a credit transaction agreement with the Industrial Bank of Korea as of April 23, 2015 (hereinafter “the instant credit transaction agreement”). Since the expiration date of the credit was extended until April 23, 2016.

B. The plaintiff.