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(영문) 대전지방법원 천안지원 2021.03.31 2020가단117349

사해행위취소

Text

Attached Form

With respect to each real property listed in the list:

A. On July 14, 2020 between Defendant (Appointed Party), Appointed B and C

Reasons

1. Basic facts

A. On October 25, 2016, the Plaintiff entered into a credit guarantee agreement (hereinafter “each of the credit guarantee agreements in this case”) with D Co., Ltd. (hereinafter “D”) as follows, on July 16, 2019 under the Credit Guarantee Agreement of KRW 2,00,00,000, the principal amount of credit guarantee for the period of credit guarantee under the credit guarantee agreement and the period of credit guarantee under the Credit Guarantee Agreement, which is the date set for the credit guarantee. < Amended by Presidential Decree No. 28139, Oct. 24, 2017; Presidential Decree No. 20654, Jul. 16, 2019; Presidential Decree No. 20655, Oct. 24, 2017>

On October 25, 2017, the amount guaranteed by a loan institution under a credit guarantee contract issued on the date of issuance of the credit guarantee agreement, the Plaintiff issued a credit guarantee certificate and delivered it to D on July 16, 2019, in total, KRW 674,00,000 for E bank 602,00,000 on July 16, 2019, pursuant to each of the credit guarantee agreements in this case: < Amended by Presidential Decree No. 27400, Oct. 24, 2017>

3) On October 25, 2016, D extended KRW 80,000,00 from an enterprise bank, in accordance with the credit guarantee agreement under the instant credit guarantee agreement, as well as KRW 2,338,00,000 from the E bank, in accordance with the credit guarantee agreement under Article 2 of the instant credit guarantee agreement. < Amended by Presidential Decree No. 24289, Jul. 23, 2019>

4) At the time of the above credit guarantee agreement, C jointly and severally guaranteed the obligation to be borne by D to the Plaintiff pursuant to each of the credit guarantee agreements in this case.

B. D Around June 16, 2020, a credit guarantee accident occurred due to the seizure, and the Plaintiff subrogated to the corporate bank on September 23, 2020, KRW 54,732,972, and KRW 660,20,150, totaling KRW 605,470,150, and KRW 660,203,122.

(c)

In order to preserve the right acquired by the Plaintiff through each credit guarantee agreement of this case, the amount of substitute payment is KRW 4,034,90, and the amount of KRW 93,190 among them remains at KRW 3,941,710 at present after receiving reimbursement.

(d)

The fees to be received by the Plaintiff against D and joint guarantors are KRW 623,440, KRW 3,070 for overdue guarantee fees, and KRW 1,896,710 for overdue penalty.

[Ground of recognition] Unsatisfy, entry of Gap 1 through 7 evidence (including various numbers for which there are several numbers), the purport of the whole pleadings

2. Determination

(a) preserved claims;