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(영문) 대구지방법원 2020.01.16 2018가합208257

사해행위취소

Text

1.(a)

A sales contract entered into on March 2, 2018 between C and Defendant A with respect to the real estate stated in attached list No. 1.

Reasons

1. Facts of recognition;

A. (1) On February 22, 2016, the Plaintiff entered into a credit guarantee contract, etc.) D (former trade name: E; hereinafter the same shall apply)

B) Between C and C and C with the operation of the guarantee amount of KRW 85 million and the guarantee period until February 22, 2017 (after that, the guarantee period was finally extended until February 22, 2019).

(1) The term “credit guarantee agreement of this case” (hereinafter referred to as “credit guarantee agreement of this case”).

C) On February 25, 2016, C entered into a contract with F Co., Ltd. (hereinafter referred to as “F”) as security.

(2) On December 26, 2017, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant credit guarantee agreement”) with C as of December 26, 2018, setting the guarantee amount of KRW 9,945,00 and the guarantee period of KRW 17 million. On the same day, C was loaned KRW 100 million from G (hereinafter “G”) as collateral.

3) On December 26, 2017, the Plaintiff entered into a credit guarantee agreement with C as of December 26, 2017, setting the guarantee amount of KRW 11.15 million and the guarantee period of the guaranteed amount as of December 26, 2018 (hereinafter “instant third credit guarantee agreement”). The Plaintiff entered into a credit guarantee agreement with the instant first and second credit guarantee agreement, as well as the instant “each of the instant credit guarantee agreements”.

C) On the same day, C was granted a loan of KRW 119 million from G as security (hereinafter collectively referred to as “each of the instant loans”). In addition to each of the instant loans, C received a loan of KRW 19 million from G.

4) Meanwhile, each credit guarantee contract of this case provides that the Plaintiff shall pay damages for delay calculated by multiplying the amount of the guaranteed obligation by the interest rate set by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment of the guaranteed obligation, ② interest rate set by the Plaintiff and the amount calculated by the calculation method, ③ expenses incurred in the performance of the guaranteed obligation, ④ expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation, ⑤ unpaid guarantee fee, overdue guarantee fee, additional guarantee fee, performance guarantee fee, and ④ amount paid under the above and the above (3) amount by

Each of the instant cases.