beta
(영문) 서울동부지방법원 2017.02.15 2016가단114423

사해행위취소

Text

1. The sales contract concluded on September 24, 2015 with respect to each real estate listed in the separate sheet between the defendant and B shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (hereinafter “Nonindicted Company”) as follows, and B as the representative director of the Nonparty Company, jointly and severally guaranteed the said three credit guarantee agreement.

On April 23, 2013, 201, April 23, 2012, 201, the credit guarantee principal of the credit guarantee contract date, which is the credit guarantee client’s joint and several sureties, is the credit guarantee client’s credit guarantee, and KRW 425,000,000,000 on April 23, 2013, 201; and < Amended by Presidential Decree No. 24247, Apr. 30, 2014; Presidential Decree No. 25271, Apr. 30, 2019>

At the time of the above credit guarantee agreement, where the Plaintiff performed the credit guarantee obligation on behalf of the non-party company in the financial institution, the non-party company and B agreed to pay ① the amount paid by the Plaintiff for the performance of the obligation, damages for delay based on the Plaintiff’s fixed damages rate from the payment date to the full payment date, ② additional guarantee fee based on the rate calculated by adding the applicable guarantee fee rate from the following day of the expiration date of the payment due date of the guarantee fee to the day before the payment date of the expiration date of the payment due, and ③ all incidental obligations such as legal procedure expenses incurred by the Plaintiff in order to enforce

No change of KRW 1,00,000 on April 23, 2016, no change in the amount guaranteed as of the date the credit guarantee was issued as of April 23, 2012, in the amount guaranteed as of the date the credit guarantee was modified, as of April 23, 2012; and no change of KRW 425,00,000 on April 23, 2013, No change in the amount guaranteed as of the date the credit guarantee was issued as of April 22, 2016; and no change of KRW 1,710,000,000 shall be made on April 30, 2014, April 30, 2019;

C. Accordingly, the Plaintiff issued a credit guarantee certificate as follows, and the non-party company received a loan from a financial institution under the above credit guarantee certificate as follows.

The Bank of Hana Bank's Second Guarantee Small and Medium Enterprise Loan of KRW 500,000,000,000,000, the amount of the guarantee subject loan to financial institutions.