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(영문) 광주지방법원순천지원 2020.09.08 2019가단8102
사해행위취소
Text

1. The contract to establish a right to collateral security on April 8, 2019 concerning each real estate listed in the separate list between the defendant and C is thus established.

Reasons

Facts of recognition

On December 28, 2004, the Plaintiff entered into a credit guarantee agreement with the network D (hereinafter “the deceased”) (the amount of KRW 14,400,000). Based on the Plaintiff’s credit guarantee agreement on the same day, the Deceased borrowed KRW 14,40,000 from the E Bank Go-gun Branch on December 28, 2024 on the date of repayment.

(B) The Plaintiff again entered into a credit guarantee agreement with the Deceased on August 11, 2011 (a guarantee amount of KRW 153,000,000) on the same day, and the Deceased borrowed KRW 180,000,000 from the E Bank Go-gun Branch on August 11, 2019 on the basis of the Plaintiff’s credit guarantee agreement.

(hereinafter) (hereinafter referred to as the “credit guarantee agreement” and the “credit loan” are “second-party loan”). C, as a deceased’s child, died on May 13, 2015, followed the rights and duties under the respective credit guarantee agreement and concluded a credit guarantee agreement with the Plaintiff again.

(A) The Plaintiff and FF farming association (hereinafter referred to as “foreign corporation”) entered into a credit guarantee agreement (19,750,000 won) with the non-party corporation on January 15, 2013. The non-party corporation was loaned KRW 235,00,000 from the E Bank Net City Branch as of January 15, 2020 on the same day, based on the Plaintiff’s credit guarantee agreement, as well as the E Bank Net City Branch as of January 15, 2020.

(2) On February 4, 2016, the Plaintiff entered into a credit guarantee agreement (guarantee amount of KRW 212,500,000) with a non-party corporation on February 4, 2016, and the non-party corporation borrowed KRW 250,000,000 from the E Bank Go-gun Branch on the same day in accordance with the Plaintiff’s credit guarantee agreement.

(hereinafter) The above "credit guarantee agreement" and the above "loan" are "No. 4 loans" and on the other hand, they are also "No. 4 loans."

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