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(영문) 서울중앙지방법원 2015.08.28 2015가합527712

사해행위취소

Text

1. As to each real estate listed in the separate sheet:

(a) B and the Defendant entered into February 12, 2015.

Reasons

1. Basic facts

A. 1) The Plaintiff Co., Ltd. (hereinafter “C”)

B Between the Credit Guarantee Agreement (hereinafter referred to as “each credit guarantee agreement of this case”) with the following content:

(C) The credit guarantee form issued by the Plaintiff under each of the above credit guarantee agreements (in accordance with the first credit guarantee agreement, the Industrial Bank of Korea and foreign exchange banks before December 2008, and around October 2009, in accordance with the second credit guarantee agreement, and in accordance with the second credit guarantee agreement, around January 201 and around April 201, as well as in accordance with the third credit guarantee agreement, C issued respectively a credit guarantee form to new banks on April 201, respectively.

A) A loan was received from the Industrial Bank of Korea, etc. as security. A loan was made from the Industrial Bank of Korea, etc. on December 26, 2008, the first guarantee period (amount changed) guarantee period (amount changed) 1st, 200,000 to December 25, 2010, which was December 17, 2011, 17th, 200,000,000 to January 16, 201, to April 23, 2012, the current account transaction began with the Seoul District Court’s request for rehabilitation proceedings as a joint surety at the time of the first credit guarantee period from April 23, 2013 to April 22, 2014. < Amended by Act No. 11874, Apr. 23, 2013; Act No. 12256, Apr. 24, 2014>

Accordingly, the Plaintiff’s 80,396,331 won to the new bank on April 2, 2015, and the same month.

9. The Bank paid 248,245,967 won to the National Bank on the 15th of the same month, 1,101,085,614 won to the National Bank on the 16th of the same month, and 231,603,107 won to the Korea Exchange Bank on the 16th of the same month, respectively;

(B) recover a total of KRW 9,998,340.

Pursuant to the mortgage agreement concluded on February 12, 2015 with the Defendant on February 12, 2015 with respect to each of the real estate listed in the separate sheet, which is its sole real estate (hereinafter “instant real estate”), “the following maximum debt amount shall be KRW 600,000,000.”