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(영문) 광주지방법원 2016.10.19 2016가단510186

사해행위취소

Text

1.(a)

With respect to each real estate listed in the separate sheet between the defendant and the non-party B, the sales contract on December 29, 2015 was concluded on December 118.

Reasons

1. Basic facts

A. The non-party C Co., Ltd. (hereinafter referred to as the "non-party C Co., Ltd.") entered into a loan transaction agreement with the following financial institutions and filed an application for credit guarantee with the plaintiff. The plaintiff, upon entering into a credit guarantee agreement with the non-party Co., Ltd., the plaintiff, where the plaintiff fulfills the guaranteed obligation due to the non-party Co., Ltd.'s default, the plaintiff agreed to pay the amount paid by the plaintiff for the guaranteed obligation and the damages for delay in accordance with the ratio set by the plaintiff from the date of performance to the date of full payment, and the penalty calculated by adding 0.5% to the fixed guarantee rate for the non-performance obligation from the date following the date of performance of the guaranteed obligation to the date of payment, and the amount paid by the plaintiff for the execution of the guaranteed obligation,

Non-Party Company B’s general loan of KRW 200,000,000 in the amount of loan extended on the guarantee date of the guaranteed financial institution, the principal debtor’s loan guaranteed term of loan guaranteed by the DF branch 2009-11-18,000,000 per annum of the Hanjin-gun branch of the NAF 2009-11-11,000,000

B. The non-party company was granted a loan of KRW 200,000,000 from the Hanjin-gun Branch of the National Agricultural Cooperative Federation by taking out the above credit guarantee form as collateral, but the credit guarantee accident occurred due to the bad nature of this natural body on March 2, 2016.

C. Accordingly, on April 1, 2016, the Hanjin-gun Branch Co., Ltd. filed a claim with the Plaintiff for the performance of the guaranteed obligation along with the notification of a credit guarantee accident, and on April 1, 2016, the Plaintiff subrogated to the Hanjin-gun Branch Co., Ltd. for the principal amounting to KRW 161,436,065 (= interest of KRW 160,000,000) under the said credit guarantee agreement.

Each credit guarantee agreement above.