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(영문) 서울중앙지방법원 2015.04.24 2014가합569757

사해행위취소 등

Text

1. A and the Defendant shall make a pre-sale agreement concluded on September 26, 2013 with respect to the share of 132/297 square meters among the share of 297 square meters prior to Echeon-si D.

Reasons

1. Basic facts

A. 1) The Credit Guarantee Fund shall enter into an agreement on credit guarantee 1) around August 25, 2008 E Co., Ltd. (hereinafter “E”).

A) A credit guarantee agreement between the maximum amount of credit guarantee and the maximum amount of credit guarantee shall be one billion won, and the credit guarantee agreement between August 25, 2008 and August 24, 2010 (hereinafter “instant credit guarantee agreement”).

On the same day, A, who is the F's representative director, has jointly and severally guaranteed all obligations to E under the Credit Guarantee Agreement of this case. 2) On March 23, 2009, the Credit Guarantee Fund issued to E a credit guarantee certificate with the guarantee period of KRW 440 million, and as until March 22, 2010, E obtained a loan of KRW 550 million from the Industrial Bank of Korea as security on the same day, and thereafter the said guarantee period was extended to March 21, 2014.

B. (1) The Credit Guarantee Fund shall enter into a credit guarantee agreement between E and E on May 13, 201, with the amount of KRW 51.5 million, and the period of the credit guarantee agreement between May 13, 201 and May 11, 2012 (hereinafter “instant credit guarantee agreement”).

On May 13, 2011, A entered into a credit guarantee agreement, and A has jointly and severally guaranteed all obligations to E’s Credit Guarantee Fund under the instant credit guarantee agreement. (2) On May 13, 2011, the Credit Guarantee Fund issued a credit guarantee agreement with the maturity of KRW 51.5 million to E, and E obtained a credit guarantee agreement with the maturity of May 15, 201 from the National Bank Co., Ltd. (hereinafter “National Bank”) (hereinafter “National Bank”) as collateral, and subsequently, on May 11, 2012, the credit guarantee period was changed to KRW 472 million, and the guarantee period was changed to May 10, 2013.

(c) The Industrial Bank of Korea of the Credit Guarantee Fund shall have a credit guarantee accident on February 28, 2014; and on March 3, 2014, due to delinquency in the payment of principal and interest on E’s loan to each Credit Guarantee Fund.