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(영문) 인천지방법원 2018.09.13 2018가단215212

사해행위취소

Text

1.(a)

On August 10, 2017, it was concluded on August 10, 2017 between the defendant and B (C).

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation established with the purpose of guaranteeing the debt of an enterprise which lacks collateral capacity under the Credit Guarantee Fund Act to support its own financing source.

B. On October 24, 2016, the Plaintiff entered into a credit guarantee agreement between the non-party company D (hereinafter referred to as “non-party company”) and the National Bank (hereinafter referred to as “National Bank”) with the credit guarantee principal, which covers KRW 297,500,000,000,000, out of the money that the non-party company intends to obtain from the National Bank (hereinafter referred to as “National Bank”), as the credit guarantee principal, and the term of guarantee from October 24, 2016 to October 23, 2017 (hereinafter referred to as “the credit guarantee agreement in this case”), and the non-party company B, the representative director of the non-party company, was jointly and severally and severally guaranteed the debt owed to the

C. On October 25, 2016, Nonparty Company borrowed KRW 350 million from the National Bank in accordance with the instant credit guarantee agreement.

B On August 10, 2017, between the Defendant and the Defendant, on each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) entered into a mortgage agreement with the maximum debt amount of KRW 300 million, B, the debtor, and the defendant-mortgagee (hereinafter “mortgage agreement”). On August 11, 2017, the order No. 1-B is future of the defendant.

The registration of the establishment of a neighboring mortgage mentioned in the port was completed.

E. Meanwhile, on October 23, 2017, the non-party company suffered a credit guarantee accident that has lost the benefit due to the overdue interest of the principal and interest of the loan. Accordingly, on October 31, 2017, the Plaintiff subrogated to the National Bank for KRW 298,623,816 of the principal and interest of the non-party company.

The balance of the Plaintiff’s claim for reimbursement against Nonparty Company, including penalty and substitute payment, is the delay damages calculated at the rate of 10% per annum from October 31, 2017 to the date of full payment, which is the date of the closing of argument in this case, to the date of full payment.

(hereinafter referred to as “instant claim for reimbursement”). (e)

B at the time of establishing the mortgage of this case.