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(영문) 대구지방법원 2021.03.25 2020가단125884
사해행위취소
Text

1. As to real estate listed in the annex list:

A. It was concluded on March 23, 2020 between Nonparty C and the Defendant.

Reasons

1. Facts of recognition;

A. Non-Party D Co., Ltd. (hereinafter referred to as “non-party Co., Ltd.”) such as a credit guarantee agreement

The Plaintiff entered into a credit guarantee agreement between the Plaintiff and the Plaintiff on November 30, 2016, stipulating that the principal amount of guarantee is KRW 432,000,000,000, and the guarantee period is from November 30, 2016 to November 29, 2017 (after that, until November 27, 2020, the guarantee period is changed) and then provided to E bank with a credit guarantee certificate issued by the Plaintiff in accordance with the said credit guarantee agreement, and received a loan of KRW 540,00,000 from E bank.

B. At the time when the indemnity agreement and the credit guarantee agreement between the plaintiff and the non-party joint and several sureties were concluded, the non-party company did not pay the principal of the guarantee and its subordinate debt to the financial institution within the scope of the principal of the credit guarantee during the credit guarantee period. In the case of the plaintiff's performance of the guaranteed obligation, the non-party company agreed to reimburse delayed damages, guarantee fees, fines for negligence, penalty, the legal procedure expenses required for the enforcement or preservation of the plaintiff's indemnity claim as determined by the plaintiff under the provisions of the Credit Guarantee Fund Act, the Enforcement Decree, the Fund's work process, and the credit guarantee agreement. The non-party C, the representative of the non-party company, as the joint guarantor of

(c)

On March 17, 2020, a credit guarantee accident occurred due to the non-party company's delinquency in interest on loans. On July 9, 2020, the plaintiff paid KRW 394,261,045 to the bank in subrogation of the non-party company.

As a result, the Plaintiff had a claim equivalent to KRW 394,261,045 and delayed damages against the non-party company and C.

(d)

C and the Defendant have continuously traded with the Nonparty Company since its incorporation on June 2017. The Defendant is a company that had been engaged in transactions with the Nonparty Company. From September 13, 2018 to March 30, 2019, the F new construction site that the Nonparty Company performed upon receipt of demand and supply.

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