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(영문) 수원지방법원 2018.02.08 2017가단534401

사해행위취소

Text

1.(a)

Attached Form

November 26, 2015, concluded between A and the defendant as to real estate stated in the list.

Reasons

1. Basic facts

A. The Korea Technology Finance Corporation entered into a guarantee agreement with A as joint and several surety between D Co., Ltd. (hereinafter “D”), and issued a certificate of guarantee set forth below, and D borrowed the following money from a new bank (hereinafter “new bank”) as security.

After all, the term of guarantee was changed to August 5, 2016 through the change of the term of guarantee.

Beneficiary Guarantee Time Guarantee Deposit Amount (Amount of loan) non-assigned (amount of loan) and 40,000 won (40,000,000 won) in New Bank E on July 340, 2015,000

B. D, after receiving the aforementioned loan from a new bank, caused a guarantee accident on June 24, 2016 due to the loss of profit by the due date, and the Korea Technology Finance Corporation subrogated for KRW 342,451,530 on September 7, 2016 upon the request for the performance of the guaranteed obligation by a new bank.

As a result, the Korea Technology Finance Corporation has a total of KRW 344,744,528 (the 342,451,530 additional guarantee fee of KRW 56,350) and a total of KRW 342,451,530 (the 1,726,648).

C. On November 26, 2015, A had concluded a contract to establish a collateral (hereinafter “mortgage”) with the Defendant on the real estate indicated in the separate sheet (hereinafter “instant collateral”) on November 26, 2015, even though the Korea Technology Finance Corporation bears the aforementioned indemnity liability, and did not have any specific property other than the real estate indicated in the separate sheet. Based on this, on November 30, 2015, the establishment registration was completed over the maximum debt amount of KRW 150,000,000 for the registration and receipt of the Ansan District Court’s Ansan Branch support, with the maximum debt amount of KRW 153210.

A has been in default on December 2015, and on August 9, 2016, filed a petition for bankruptcy with this court on August 9, 2016, and as shown in the attached list of creditors, the total amount of debt at the time exceeds 3.3 billion won.

As to A, on March 24, 2017, the Suwon District Court rendered a ruling of bankruptcy by the Suwon District Court 2016Hadan100396, and the plaintiff is the same court as the same day.