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(영문) 수원지방법원 2016.12.13 2016가단527765

사해행위취소

Text

1. The contract to establish a right to collateral security concluded on July 7, 2014 between the Defendant and A regarding each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff Intervenor (hereinafter “ Intervenor”) entered into a credit guarantee agreement with C (hereinafter “C”) to guarantee the repayment of the principal and interest of loans of C (hereinafter “instant credit guarantee agreement”). On May 30, 2013, the Plaintiff’s Intervenor issued a credit guarantee agreement with D/D, amount of security deposit KRW 90,000,000, and the term of credit guarantee as of May 30, 2018.

C submitted the above credit guarantee certificate to obtain a loan of KRW 100,000,000 from the Bank.

E, which is the husband of A and A and the representative of C, has jointly and severally guaranteed the performance of the obligation borne by C pursuant to the above credit guarantee agreement.

B. On November 11, 2014, an intervenor entered into a credit guarantee agreement with C while withdrawing the credit guarantee statement under the above paragraph (a) from C, and issued a credit guarantee statement with C as of November 11, 2015, with a guarantee number F, amount guaranteed 84,375,000, and the guarantee period.

C submitted the credit guarantee certificate to obtain a loan of KRW 93,750,000 from the Bank.

(A) A and E are jointly and severally guaranteed for the performance of obligations owed to intervenors according to the above credit guarantee agreement.

C. On January 13, 2015, C had caused a credit guarantee accident in arrears with interest, and on May 7, 2015, as a guarantor, the Intervenor subrogated to the Industrial Bank of Korea for KRW 79,416,241 in total as the principal and interest of C.

Since then, on May 29, 2015, the intervenor filed an order for payment with C, E, and A to seek reimbursement for reimbursement, and on May 29, 2015, “C, E, and A shall pay the intervenor KRW 79,031,641 per annum from May 7, 2015 to the date on which the original copy of the decision for the payment order was served, and 14% per annum from the next day to the date on which the original copy of the decision for the payment order was served, and 20% per annum from the next day to the date on which the payment is fully repaid.” The above payment order was finalized on July 1,

(No. 2015,000,000). D.

A shall be the defendant and July 7, 2014 with respect to each real estate listed in the separate sheet.