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(영문) 창원지방법원 2014.10.23 2012가합32980

사해행위취소

Text

1. As to each real estate listed in separate sheet 1 to 9:

A. C and the defendant corporation ethyl.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (the Co-Defendant of this case, but the Plaintiff’s claim was accepted on May 1, 2014; hereinafter “C”). D, the representative director of C, has jointly and severally guaranteed all the obligations under the above credit guarantee agreement with C, and C, on the security of each of the above credit guarantee agreements, was modified on April 23, 2009 from the Industrial Bank of Korea and the Korean Bank of Korea (the Guarantee 2, Guarantee 3, Guarantee 4, Guarantee 5, 200, April 23, 2009, 200, May 28, 2010, 2005, 10, 200, 10, 10, 10, 10, 10, 10, 20, 10, 20, 10, 20, 20, 10, 205, 20, 2014).

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) caused a credit guarantee accident on August 29, 2012. The Plaintiff, on November 28, 2012, paid KRW 1,356,740,276 to the Bank of Korea on December 28, 2012, and KRW 659,958,780 on behalf of the Bank of Korea on December 12, 2012, the Plaintiff collected KRW 10,248,040 from C and appropriated KRW 7,37,890 among them by giving priority to substitute payments, and then appropriated KRW 2,770,928,90 as part of the subrogated payment, and then the remainder of the subrogated payment was finalized by KRW 2,013,928,906 (i.e., KRW 1,356,740,659,78,780,970).

C. 1) C’s disposal act, etc. of C and D is deemed as having been conducted on August 6, 2012 by the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”).

A contract to establish a mortgage with a maximum amount of 400,000,000 won for each of the immovables listed in the attached list 1 through 9 of the attached list shall be concluded, and the defendant Dolux shall be future.