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(영문) 대구지방법원 2019.04.24 2017가단27966

사해행위취소

Text

1. It was concluded on July 5, 2017 between Co., Ltd and Defendant B regarding the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On July 15, 2015, the Plaintiff and C Co., Ltd. entered into a credit guarantee agreement with the Bank of Korea (hereinafter “instant credit guarantee agreement”) under the terms of the guarantee amount of KRW 90 million and the guarantee period from July 15, 2015 to July 14, 2016 (hereinafter “the instant credit guarantee agreement”) with the Plaintiff as the principal obligation, and C was loaned KRW 100 million from the Industrial Bank of Korea as security.

B. Under the credit guarantee agreement of this case, when C did not pay the principal obligation and the Plaintiff performed the guaranteed obligation, C shall pay to the Plaintiff the amount equivalent to “the amount of performance of the guaranteed obligation, the amount of the performance of the guaranteed obligation multiplied by the rate determined by the Plaintiff from the date of repayment of the guaranteed obligation until the date of repayment of the guaranteed obligation, the expenses incurred in the performance of the guaranteed obligation, the expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, and the expenses incurred in each of the above expenses multiplied by the rate determined by the Plaintiff from the payment date

C. As a credit guarantee accident occurred on August 3, 2017, the Plaintiff paid KRW 90,547,928 to the Industrial Bank of Korea on September 18, 2017, because C did not discharge the principal obligation.

Since then, C Co., Ltd. paid part of the amount to the Plaintiff as the repayment of indemnity liability, and at present, C remains in KRW 83,435,036 in the amount of indemnity claim to be paid to the Plaintiff according to the credit guarantee agreement of this case.

Attached Form

On July 5, 2017, the establishment registration of mortgage contract between C and Defendant B was concluded on July 5, 2017, and the establishment registration of mortgage contract between C and Defendant B was completed as of July 6, 2017, and the registration office of the Daegu District Court was completed as of July 6, 2017. The establishment registration of mortgage contract between C and Defendant A was concluded on August 2, 2017 between C and the registration office of the Daegu District Court.