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(영문) 울산지방법원 2018.10.11 2017가합25068

사해행위취소

Text

1. The gift contract concluded on October 17, 2016 between the Defendant and B on the real estate indicated in the separate sheet between the Defendant and B is 432,00.

Reasons

1. Basic facts

A. Plaintiff B’s indemnity guarantee claim 1) The Plaintiff is a special corporation established pursuant to the Korea Technology Finance Corporation Act for the purpose of facilitating financing for enterprises by guaranteeing the liabilities owed by enterprises which lack security solvency. The Plaintiff is a corporation D and E Co., Ltd. (hereinafter “foreign companies”) as described in attached guarantee and subrogation sight table (a) from March 2009 to December 2, 2015.

(2) In the context of Article 10(1) of the Credit Guarantee Agreement between the Plaintiff and the non-party company, the non-party company entered into a credit guarantee agreement between the non-party company and the non-party company with the intent of guaranteeing the corporate driving fund to obtain a loan from a financial institution. In this case, the representative director or the inside director of the non-party company jointly and severally guaranteed the debt of the non-party company against the plaintiff. (2) Article 5(1) of the Credit Guarantee Agreement between the Plaintiff and the non-party company provides that where the non-party company fails to perform its principal debt, the plaintiff may be compensated in advance. In the event that the plaintiff paid the principal debt of the non-party company by subrogation, the non-party company

3) Under the credit guarantee agreement with the Plaintiff, the non-party company received a loan of KRW 2,100,300,000 from the bank as stated in the separate guarantee and the statement in the table of subrogation (B) from March 2009 to December 2015. However, the non-party company was in default on or around August 14, 2017, and the non-party company’s outstanding principal and interest that the non-party company failed to repay to the bank are as specified in attached Form (C) of the same attached Table. The Plaintiff paid the above outstanding principal and interest of KRW 1,215,428,01 to the above bank, as described in attached Form (d) of the same attached Table, and paid KRW 3,301,811 by subrogation from the above company, and the Plaintiff should pay the loan principal of KRW 648,00,000,000 and interest paid by subrogation on April 17, 2015).