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(영문) 수원지방법원안양지원 2015.09.24 2014가합104495

사해행위취소

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s credit guarantee agreement 1) On August 31, 2006, the Plaintiff is identified as the Defendant’s Identity Hawontech Co., Ltd. (hereinafter “Newwon Tech”).

) On August 31, 2007, the term of guarantee was finally changed on August 31, 2007 (the term of guarantee was later changed on November 30, 2012) in obtaining a loan of general corporate working capital from the regular branch of our bank.

(2) According to the above credit guarantee agreement, C et al. concluded a credit guarantee agreement with the content that it is to be a credit guarantee agreement with the Plaintiff, and C et al. jointly and severally guaranteed the obligation under the above credit guarantee agreement with the Plaintiff. (2) According to the above credit guarantee agreement, when the Plaintiff performed the guaranteed obligation, the identity of the Plaintiff and its joint and several sureties shall repay all the additional guarantee fees calculated by the Plaintiff at the rate determined by the Plaintiff from the date following the date of performance of the guaranteed obligation to the Plaintiff to the date of repayment in relation to the amount repaid by the Plaintiff as the repayment of the guaranteed obligation, and damages for delay calculated by the date of repayment in relation to the legal procedure to compensate for the execution of the subrogated obligation. (3)

B. On October 19, 2012, the Plaintiff was aware of the Plaintiff’s claim, and on February 6, 2013, the Plaintiff subrogated to the Bank totaling KRW 872,010,109 for the loan principal and interest amounting to KRW 4,047,490 for substitute payment and KRW 2,964,520 for additional guarantee fees.

C. C’s act of disposal of property, etc. (1) C’s act of disposal of property, etc.) is each real estate listed in the separate sheet No. 1, the sole property between B and September 5, 2012, while excess of debt, as the instant real estate.

(B) On the same day, B entered into a sales contract with respect to each of the instant real estate, and completed the registration of ownership transfer thereafter. (2) B between D and D on September 6, 2012, the following day.