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(영문) 인천지방법원 2015.11.26 2015가단209414

사해행위취소

Text

1. As to KRW 151,714,503 and KRW 150,574,783 among the Plaintiff, Defendant A shall be from May 17, 2014 to March 20, 2015.

Reasons

1. The following facts do not conflict between the parties or may be acknowledged by taking into account the following facts: Gap evidence Nos. 1 to 13; the Minister of Court Administration, New Master Construction Co., Ltd.; the Minister of Land, Infrastructure and Transport's fact inquiry results; the head of the postal service information center of this court; the Chairperson of the Korea Federation of Banks; and the President of Korea Overseas Exchange Bank of Korea's result of each submission order

1) The Plaintiff is a juristic person established under the Korea Housing Finance Corporation Act with the aim of promoting the long-term and stable supply of housing money by carrying out the securitization of mortgage-backed claims, etc. and the housing finance credit guarantee business. The Housing Finance Credit Guarantee Fund established in the Plaintiff to promote housing finance through credit guarantee has been operated and operated by the Korea Housing Finance Corporation, but it was entrusted to financial institutions with its business in accordance with Article 45 of the Korea Housing Finance Corporation Act and Articles 2 and 6 of the Addenda, which was enforced on March 1, 2004. 2) The Defendant B is the mother of the Defendant A.

B. 1) The Defendant A entered into a credit guarantee agreement. The Korea Exchange Bank Co., Ltd. (hereinafter “Korea Exchange Bank”).

In order to secure the repayment of the principal and interest of a loan from a housing fund, the Korea Exchange Bank, a business entrusted by the Plaintiff, requested a housing finance credit guarantee to the Korea Exchange Bank, which is an institution entrusted with the Plaintiff’s business, and the Korea Exchange Bank, around December 30, 2009, requested the Defendant A to provide a housing finance credit guarantee amount of KRW 140,460,000, out of the amount to be loaned from the Korea Exchange Bank, Defendant A as the principal of the housing finance credit guarantee, and entered into a housing finance credit guarantee agreement with the term on January 30, 2013 after handling the term of guarantee on a large scale. On December 30, 2009, the Defendant A issued the housing finance credit guarantee (guarantee number: C) to the Korea Exchange Bank, and changed the term of guarantee until June 30, 2013.