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(영문) 부산지방법원 동부지원 2018.09.19 2017가단220289
사해행위취소
Text

1.(a)

A sales contract concluded on August 28, 2017 with regard to each real estate listed in the separate sheet between the defendant and B.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff entered into a credit guarantee agreement on August 12, 2015 (hereinafter “Nonindicted Company”)

For the principal and interest of loan to be borne by the non-party company in receiving a loan from a corporate bank, the following table shall apply:

1. After entering into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”), such as the details of the guarantee, the credit guarantee agreement was issued in the future of the corporate bank, and B, the representative director of the non-party company, guaranteed the debt of the non-party company to the plaintiff.

On August 11, 2017, 2015, the date of guarantee of No. 1 D 270,000,000 relative to the guaranteed subject of the loan extended on the date of guarantee, the date of guarantee of No. 1455, Aug. 11, 2015, the title of the creative branch of the Enterprise Bank Loan Bank for Small and Medium Enterprises on August 12, 2017.

1. (units: 2) The details of guarantee shall be as follows on the same day:

2. A loan has been granted according to the details of the loan;

Serial No. 1 D 270,000,000 Enterprise Bank Changwon Branch on August 12, 2015; 1D 270,000,000 E 2 E 170,000,000 Enterprise Bank Changwon Branch on August 12, 2015;

2. Details of loans (units): Won;

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation (1) Nonparty Company’s credit guarantee accident on September 6, 2017 due to delinquency in the principal of the loan (hereinafter “instant credit guarantee accident”).

On October 19, 2017, according to the credit guarantee agreement of this case, the Plaintiff subrogated to the corporate bank totaling KRW 444,246,291, as follows, according to the credit guarantee agreement of this case.

D 1D 270,00,000,0022,456,7782,456,7782 E on October 19, 2017; 270,456,456,7782 E on October 19, 2017; 440,000,000,780,789,513171,789,513,513 on October 19, 2017; and

3. (unit: Won) according to Article 35 of the Credit Guarantee Fund Act and the credit guarantee agreement of this case.

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