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(영문) 대구지방법원포항지원 2017.12.14 2017가단100862

사해행위취소

Text

1. It was concluded on September 29, 2016 between the Defendant and Nonparty B on each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1 against Nonparty B) on February 14, 2013, the Plaintiff Company C (former trade name: D: hereinafter “C”) on February 14, 2013.

) The Bank has concluded a credit guarantee agreement between C and C with the principal of the guaranteed principal amount of KRW 209,000,000 (hereinafter “the instant credit guarantee agreement”).

(2) On June 21, 2013, the Plaintiff concluded a credit guarantee agreement with C to guarantee the obligation to obtain a loan from the Bank of Korea, and to provide a credit guarantee agreement with C as KRW 935,00,000,000 with the principal of the loan.

(hereinafter “instant credit guarantee”). C was granted a loan of KRW 1,168,750,00 from the Bank of Korea as security for the said credit guarantee.

3) On September 26, 2014, the Plaintiff concluded a credit guarantee agreement with C to guarantee the obligation to be borne by C with a loan from us bank, a stock company, with the principal of the guarantee amount of KRW 240,00,000 (hereinafter “instant credit guarantee”).

4) At the time of each of the credit guarantees in this case, C was jointly and severally liable for the debt of C to the Plaintiff under the above credit guarantees in accordance with the credit guarantees in this case.

5) On November 7, 2016, the Plaintiff received a notification of a credit guarantee accident from the Bank of Korea that “C had delayed payment of interest from September 1, 2016, and caused a guarantee accident on October 5, 2016.” Accordingly, the Plaintiff subrogated KRW 134,008,276 to the Bank of Korea on December 9, 2016 under the respective credit guarantee of the instant case.

B. On September 29, 2016, the conclusion of the contract to establish a mortgage does not exceed the real estate indicated in the attached list with the Defendant.