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(영문) 서울중앙지방법원 2020.06.10 2019가합571632

사해행위취소

Text

1. As to each patent right listed in separate sheet 1 and 2:

A. On February 18, 2019, between Nonparty B and the Defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff as the parties is a special corporation established under the Korea Technology Finance Corporation Act, and the Defendant is a company engaged in food washing, washing, retail, etc. for business use.

B. (1) Nonparty B, including the conclusion of a credit guarantee agreement, received a loan from a financial institution as listed below, entered into a credit guarantee agreement with the Plaintiff as follows:

(3) Each of the instant credit guarantee agreements shall be determined as follows: (a) the credit guarantee agreement between September 30, 2013 and September 8, 2015 (hereinafter “credit guarantee agreement”); and (b) the credit guarantee agreement between September 8, 2015 (hereinafter “instant credit guarantee agreement”). The amount guaranteed on the date of concluding a guarantee agreement shall be extended to September 30, 2014 (as of September 27, 2019), 190,000, FF Bank 2 G G 20, September 8, 2015 (as of September 6, 2019); (c) the method of paying additional guarantee fees and unpaid guarantee fees (as of September 201, 201) to the Plaintiff for the performance of the guaranteed obligation; (d) the repayment rate of expenses incurred by the Plaintiff for the performance of the guaranteed obligation; and (e) the repayment rate of expenses incurred by the Plaintiff for the performance of the guaranteed obligation; and (e) the reimbursement rate of expenses incurred by the Plaintiff for the guaranteed obligation.

C. The occurrence of a credit guarantee accident and the Plaintiff’s performance of the guaranteed obligation (1) B began on December 2018, to default on national taxes to be paid to the Namyang-ju Tax Office and the Gangwon-do Tax Office, and on April 9, 2019, in arrears with the repayment of loans to H banks, and on May 22, 2019, in arrears with the payment of loans to F banks, each credit guarantee accident occurred. Accordingly, the Plaintiff, in accordance with each credit guarantee agreement of this case, on May 28, 2019, in the H Bank 169,712,797 won, and on September 19, 2019, in the F Bank 172.