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(영문) 부산지방법원 2016.09.09 2016가단303167

사해행위취소

Text

1. As to the real estate stated in the separate sheet, the reservation to trade concluded on June 3, 2015 between the Defendant and B shall be revoked.

2...

Reasons

1. Factual basis

A. The Plaintiff entered into a guarantee agreement (hereinafter “the instant guarantee agreement”) with C Co., Ltd. (hereinafter “C”), as listed below, and B, the representative director of C, guaranteed the Plaintiff’s indemnity obligation under the said guarantee agreement (hereinafter “C”).

On May 22, 2010, May 26, 2016, 2010, the term guarantee deposit amount of No. 190,000 guaranty repayment (D 190,000,000) : (a) A business financing ideology branch of a small and medium enterprise financing bank; (b) E 690,222,950, June 10, 2015, 3F 85,000,000,000, 222, 2015; and (c) a business financing thought branch of a small and medium enterprise financing bank; (d) a business financing ideology branch of a small and medium enterprise on June 10, 2015, 200

B. According to the instant guarantee contract, C and the joint guarantor agreed to reimburse the Plaintiff’s legal procedure costs incurred by the Plaintiff in order to preserve the claim for reimbursement, in case where the Plaintiff subrogated for the amount of debt of C due to the occurrence of a credit guarantee accident, such as the principal in arrears, etc.

C. On July 6, 2015, C had caused a credit guarantee accident by delinquency in paying the loan principal to the above company bank. At the request of the company bank, the Plaintiff subrogated as follows, and paid KRW 17,148,442 as the legal procedure cost for preserving the claim for reimbursement.

In addition, the penalty for attempted penalty under the contract of guarantee is 4,096,710 won, which is the joint and several surety by B.

① The total amount of the subrogated payment for the principal as of September 17, 2015, 180,000,786,804 2,782,786,804 186,804 ② E 734,822,128,981,898 739,804,804,026 ③ F 85,000,000,160,160,17386,17386,160, total amount of 999,828,928,875, 08,751,03,03

D. The Plaintiff filed a payment order against B with the Busan District Court 2015 tea10491, and received payment order on October 6, 2015. The said payment order was finalized around October 30, 2015.

(e) B shall be on June 3, 2015.