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(영문) 창원지방법원통영지원 2016.11.30 2016가합10458

사해행위취소

Text

1. As to each real estate listed in the separate sheet:

A. Trading concluded on March 16, 2015 between the Defendant and B.

Reasons

1. Facts of recognition;

A. (1) On July 12, 2012, the Plaintiff’s Credit Guarantee Fund concluded a credit guarantee agreement with Nonparty B Co., Ltd. (hereinafter “Nonindicted Company”).

) A credit guarantee agreement between July 12, 2012 and July 11, 2017 (hereinafter “instant credit guarantee agreement”) providing a credit guarantee term of KRW 450,000,000, and a credit guarantee term of the guaranteed amount (hereinafter “credit guarantee agreement”).

(1) On July 12, 2012, the Plaintiff entered into a credit guarantee agreement, and pursuant to the said credit guarantee agreement, the Nonparty Company is the Nonghyup Bank Co., Ltd. (hereinafter referred to as the “Agricultural Bank”).

(2) On July 18, 2012, a credit guarantee (guarantee No. C) was issued with respect to KRW 500,000,000,000,000, the amount of loan to be granted from the respondent company, the guaranteed amount of KRW 450,00,000 (Guarantee Rate 90,000), and the guarantee number C as of July 11, 2017. On July 18, 2012, the non-party company received a loan of KRW 500,00,000 from the Nonghyup Bank as security (hereinafter “instant loan”).

(2) Under the credit guarantee agreement of this case, the non-party D has jointly and severally guaranteed all obligations against the plaintiff of the non-party company under the credit guarantee agreement of this case. (2) In the event that the plaintiff's credit guarantee fund performs the guaranteed obligation, the non-party D agreed to reimburse (1) the amount of the performance of the guaranteed obligation, (2) the expenses incurred in the performance of the guaranteed obligation, (3) the expenses incurred in the exercise of the right acquired through the performance of the guaranteed obligation, and the expenses incurred in the preservation and transfer of the right acquired through the performance of the guaranteed obligation, and (4) the interest rate determined by the plaintiff from the date of repayment to the date of repayment of each expense, (3) the unpaid guarantee fee, delayed guarantee fee, penalty, subrogation fee, etc., and the interest rate for delay determined by the credit guarantee fund is 12% per annum from December 1, 2012 to January 31

B. Plaintiff A supplied goods to Nonparty A from November 201, 2014 to June 12, 2015, and paid the price for the goods by supplying steel to Nonparty A. The remaining goods are the price for the goods. < Amended by Presidential Decree No. 26357, Jun. 12, 2015>