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(영문) 서울중앙지방법원 2019.01.25 2018가단5105616
사해행위취소
Text

1. A contract between the Defendant and B on June 26, 2017 for the transfer of the deposit for lease deposit entered in the separate sheet entered therein.

Reasons

1. Facts of recognition;

A. The Plaintiff, including the conclusion of a credit guarantee agreement, was changed on April 19, 2016 between Co., Ltd. (hereinafter “Nonindicted Company”) and C (hereinafter “Nonindicted Company”) as indicated in the following table (hereinafter “instant credit guarantee agreement”) and the date of guarantee number guarantee (the term of guarantee) No. 1D 1D 1D 2016, 2016 (the date of April 18, 2017).

) The corporate bank loans 95,000,000 2 D April 19, 2016 ( April 18, 2017) was changed to April 18, 2018.

) A business bank small and medium enterprise loans 95,000,000 were concluded.

B. (1) A non-party company obtained a credit guarantee certificate from the Plaintiff pursuant to the instant credit guarantee agreement and received a loan from the principal.

(2) However, on February 18, 2018, the non-party company caused a credit guarantee accident due to the loss of the term of the loan obligation (hereinafter “instant guarantee accident”) and accordingly, the Plaintiff subrogated the guarantor to the loan obligation to the non-party guarantor as indicated below.

On March 29, 2018, when concluding the instant credit guarantee agreement on March 29, 2018, the Plaintiff and B concluded a transparent management performance agreement (hereinafter “the instant transparent management performance agreement”) with the non-party company on March 29, 2018, where B disposes of at least 1/2 of the shares of the non-party company owned by it, it would obtain the consent of the Plaintiff, and if it violates this agreement, it would be jointly and severally liable for reimbursement with the non-party company.

However, around October 2017, B arbitrarily sold 51% of the shares of the non-party company to a third party without the consent of the plaintiff.

(4) The Plaintiff seeks reimbursement, etc. against the Nonparty Company and B at the Seoul Central District Court 2018da507578.

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